Dumont, NJ asked in Personal Injury for New Jersey

Q: What does cause of action" diversity-Notice of Removal mean

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2 Lawyer Answers
Jonathan Rudnick
Jonathan Rudnick
PREMIUM
Answered
  • Tinton Falls, NJ
  • Licensed in New Jersey

A: One way to get to Federal Court in any State is called Diversity jurisdiction. This happens when the plaintiff and the defendant reside in separate states and the amount in dispute is over $75,000. In this case the defendant has the right to "REMOVE" the matter to Federal Court (hence your notice of removal). The rules are more complex for multiparty cases. In these cases there must be complete diversity, meaning all parties must reside in separate states and there is still the amount in dispute amount

Burton A. Padove
Burton A. Padove
PREMIUM
Answered

A: As a supplement to the other attorneys response, any defendant has the right to remove a case that was initially filed in a state court to a federal court if all parties have residence in different states and the value of the case exceeds $75,000. Otherwise, the right does not exist.

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