In order to determine whether the case presented here can be removed from the state district court to the

federal court, the federal statute 28 U.S.C. 1441 must be regarded. The first issue at hand is to determine the original jurisdiction of this case involving a plaintiff (P) from Vermont and a defendant (D) from Texas. Original jurisdiction in this case would be proper in Texas for many reasons. The place of the torturous act was done within Texas. Additionally, by serving the (D) in Texas, the (P) has availed herself to try the case within Texas.

Class Notes 1. 1st issue to consider Paperwork of 1446(a); proper, more a formality 2nd issue to consider Removal of case from state to federal 1441(a); move directly up; cant move the case to federal court in Oklahoma, but if want to, need to first remove then transfer to wherever, then move to dismiss b/c of forma non convienus (hypo) Original basis for federal court jurisdiction could the case originally be brought up in federal court? Diversity Jurisdiction, case was >$75K federal court has original jurisdiction; BUT, according to 1441(b) says, any civil action of which the districtonly if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. cant remove Another problem; action happened last year under procedure of removal, 30 days is the limit. 1446 over a year then cant claim diversity jurisdiction Filed with state court need to file with federal court.

2.

Defendant is original Plaintiff Insurance company is the new Plaintiff filing against (D) for defamation 1441 (f) ??Fed. Ct. is not precluded from hearing claim from St. Court just because State Ct. didnt have jurisdiction. Fed Ct. doesnt have to have jurisdiction. ?? Actually refers not to personal jurisdiction, but whether the claim made in state court... if for some reason, the case was improperly placed in a state court, but should have been in the federal court, then it can be removed to federal court. NOT a personal jurisdiction matter. o Personal Juris. in Fed. Ct.?