We handle removal of cases from state to federal court based on diversity, federal question, and other grounds, and defend against improper removal through remand motions.
Removal allows defendants to move cases from state to federal court. MC Law's Removal practice handles removal strategy and execution.
Removal requires proper grounds. We evaluate diversity jurisdiction, federal question jurisdiction, and specialized removal statutes. We ensure removal meets all statutory requirements.
Removal is the procedure by which a defendant transfers a case filed in state court to federal court. It allows defendants to access the federal forum when the case could have originally been filed there based on federal question or diversity jurisdiction.
A case can be removed when it involves a federal question, when complete diversity exists between all plaintiffs and defendants with the amount in controversy exceeding $75,000, or when a specific federal statute authorizes removal.
Defendants generally must file a notice of removal within 30 days of being served with the complaint. If removal grounds become apparent later, the 30-day clock restarts from receipt of the document revealing removability, but diversity cases cannot be removed more than one year after filing.
Under the forum defendant rule, a case cannot be removed on diversity grounds if any properly joined defendant is a citizen of the state where the action was filed. This rule does not apply to federal question removal.
Yes, plaintiffs can file a motion to remand arguing that removal was procedurally defective or that the federal court lacks jurisdiction. Courts strictly construe removal statutes and resolve doubts in favor of remand to state court.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
A short-form agreement providing a security interest in copyrighted works as collateral for a loan or other financial arrangement.
An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.