Removal
Litigation | ProcedureWe 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.
Overview
Forum Selection Through Removal
Removal allows defendants to move cases from state to federal court. MC Law's Removal practice handles removal strategy and execution.
Removal Grounds
Removal requires proper grounds. We evaluate diversity jurisdiction, federal question jurisdiction, and specialized removal statutes. We ensure removal meets all statutory requirements.
Removal Procedure Removal has strict procedural requirements. We file timely, proper removal notices and comply with all procedural obligations. We address unanimity requirements when multiple defendants are involved. Removal Strategy Forum choice affects outcomes. We evaluate whether federal court advantages justify removal. We consider judges, procedures, and substantive differences between state and federal court. Fraudulent Joinder Fraudulent joinder can defeat diversity. We challenge improper joinder of non-diverse defendants to establish removal jurisdiction. Remand Motions Improper removal warrants remand. We file remand motions challenging jurisdictional defects and procedural failures. We pursue attorney fees when removal was improper. Post-Removal Procedure Removed cases follow federal procedure. We navigate post-removal proceedings including scheduling, discovery, and motion practice in federal court.Our Services
litigation
Federal registration and validity opinions
commencement-pleadings
Federal registration and validity opinions
motions
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
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.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
