Thursday, May 13, 2010

Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?

In a civil suit, if the claim or a counterclaim is based on federal law.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Not a criminal defendant, but a civil defendant can but not as a matter of right, but only if a federal question is involved. Diversity jurisdiction doesn't entitle a state civil litigant to remove the case without a federal question.Can a defendant's attorney take a case from circuit court under state law and bring it to Federal Court?
Yes, under diversity jurisdiction. That is: if all parties reside in different states and the matter in controversy exceeds $75k.
If it falls under Federal law, yes.

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