What is the burden of establishing federal jurisdiction on removal?
MultiRegion, United States of America
The following excerpt is from Brady v. General Dynamics Corp., 915 F. Supp. 1103 (S.D. Cal. 1996):
The burden of establishing federal jurisdiction on removal falls on the party seeking removal. Redwood Theatres v. Festival Enterprises, 908 F.2d 477, 479 (9th Cir.1990). The removal statute, 28 U.S.C. 1441(a), is strictly construed against removal. Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing removal jurisdiction on the proponent of federal jurisdiction? (MultiRegion, United States of America)
What is the burden of establishing jurisdiction in the federal court to remove a defendant? (MultiRegion, United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the burden of establishing that the removal statute does not apply to the jurisdiction of the federal courts? (MultiRegion, United States of America)
What is the effect of a motion to remove and retain jurisdiction under the federal officer removal statute? (MultiRegion, United States of America)
What is the test for establishing that a party invoking federal jurisdiction is bound by the elements of the federal tortfeasor? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the burden of establishing removal jurisdiction against a defendant? (MultiRegion, United States of America)
