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Aug16
Remand

The following is not meant to be legal advice.

 

Whether a district court rules correctly in denying a plaintiff’s motion to remand a lawsuit to state court must be analyzed according to federal jurisdictional requirements to determine whether the federal court had jurisdiction.  FRCP Section 1332.

 

Federal question jurisdiction is present when the case is based on a claim created by federal law.  No federal question presented means no federal subject matter jurisdiction.

Another way to get to federal court would be diversity jurisdiction.  There must be complete diversity between the plaintiffs and defendants.  Individuals are citizens of their state of domicile.  Domicile is defined as residence with the intent to stay or make a permanent home.  For instance, a person stealing something to go to another state and then winds up in jail in a state may become a resident of the state, but is not domiciled in the state because the person had the intent to make another state the home.

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