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Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:
Plaintiff, a citizen of New York, filed suit against Defendant, in a New York state court, alleging a claim based upon a federal statute. Defendant, also a citizen of New York, filed a petition for removal to the federal court which encompasses the judicial district in which the state court is located. Should the action be removed?
A. No, because the action could not have originally been brought in the U.S. District Court to which removal has been requested.
B. Yes, because Plaintiff’s action arises under a U.S. statute.
C. Yes, because state courts, even those of general jurisdiction, do not have subject matter jurisdiction over federal claims.
D. No, because Defendant is a citizen of New York.
Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.
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