ALA Civil Procedure and Constitutional Law Practice Exam

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A pedestrian from State A sues a motorcyclist from State B in a state court in State A that sits within the federal E.D. of State A. The motorcyclist removes to the federal court in the same district. Is removal proper?

Yes, because complete diversity exists and removal is proper by the defendant

Removal is proper because the federal court would have original jurisdiction based on diversity: the plaintiff is a citizen of State A and the motorcyclist is a citizen of State B, so there is complete diversity. The in-state defendant rule does not block removal here since no defendant is a citizen of the forum state (State A). Assuming the amount in controversy exceeds $75,000, the case could have been brought in federal court originally, so removal to the federal court in the same district is allowed. The location of the accident in a different district is irrelevant to removal. Therefore, removal is proper.

Yes, because the case could have been brought in federal court originally

No, because the motorcyclist is a citizen of State B and cannot remove

No, because the accident occurred in a different district