Q: Why did the defendant move my personal injury lawsuit to federal court?
We filed complaint in county court and on the last day, Travelers filed for removal and a new case in federal court was assigned. I am not sure why.
What does this mean?
A:
What happened in your case is called "removal." Under certain circumstances this will occur generally happend when the parties are from all different states (diversity of citizenship) and the amount of damages claimed is over $75 grand. The federal statute below is quoted as follows:
":(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in section 1603 (a) of this title, as plaintiff and citizens of a State or of different States." See 28 USC Section 1332.
Sometimes this can be fought and the case can be "remanded" or case put back in the courthouse it was originally heard in.
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