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Question 1
Billy and Joe, residents of New York, file an action in Connecticut state court against Mary and Susan, both residents of Connecticut. Billy and Joe file a notice of removal in the district court in Connecticut. What will the outcome be?
Correct Under 28 U.S.C. section 1441(a), only the defendant(s) may remove a state case to federal court. A plaintiff cannot initiate a removal.
Incorrect! Under 28 U.S.C. section 1441(a), only the defendant(s) may remove a state case to federal court. A plaintiff cannot initiate a removal.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Ally is a forklift operator who lives in North Carolina. While at work one day, the forklift malfunctions, injuring Ally. Ally brings a legitimate claim against her employer under North Carolina's workmen's compensation laws. Ally's employer files a notice of removal in the appropriate federal district court in North Carolina. What will the outcome be?
Correct
Incorrect!
Correct
Incorrect!
Correct Pursuant to 28 U.S.C. section 1445(c), all civil actions in state court which arise under the state's workmen's compensation laws are not removable.
Incorrect! Pursuant to 28 U.S.C. section 1445(c), all civil actions in state court which arise under the state's workmen's compensation laws are not removable.
Correct
Incorrect!
Question 3
Billy and Joe, residents of New York, file an action in Connecticut state court against Mary and Susan, both residents of Connecticut. Mary and Susan file a notice of removal in the district court in New York. Assume the federal court has subject matter jurisdiction. What will the outcome be?
Correct
Incorrect!
Correct Under 28 U.S.C. section 1441, a state civil action may only be removed to the federal district court for the district and division 'embracing where such action is pending.' Here, that court would be a district court in Connecticut.
Incorrect! Under 28 U.S.C. section 1441, a state civil action may only be removed to the federal district court for the district and division 'embracing where such action is pending.' Here, that court would be a district court in Connecticut.