What is the test for determining whether a federal or state court has jurisdiction to remove an individual from a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Quiroz v. Coffman Specialties, Inc., Case No.: 20-CV-1779-CAB-AHG (S.D. Cal. 2020):
must "strictly construe the removal statute against removal jurisdiction," and "[f]ederal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance." Id. "Where doubt regarding the right to removal exists, a case should be remanded to state court." Matheson v. Progressive Specialty Ins. Co., 319 F.3d 1089, 1090 (9th Cir. 2003).
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