In a diversity case, if removal to federal court occurs after more than one year from the complaint's filing, what is the proper action for the federal court?

In a diversity case, if removal to federal court occurs after more than one year from the complaint's filing, what is the proper action for the federal court?

• A. The federal court should grant removal if the amount in controversy is satisfied.
• B. The federal court should deny remand for lack of jurisdiction.
• C. The federal court should remand the case to state court as untimely removal.
• D. The federal court should stay the case pending further clarification of jurisdiction.

Answer: (C)

Removal of a diversity case must be filed within one year after the state-court action begins, unless the plaintiff acted in bad faith to prevent removal. If removal occurs after that one-year window, the federal court has no jurisdiction to hear the case on the basis of diversity. The proper action is to remand the case to state court as untimely removal under 28 U.S.C. § 1447(c). The court cannot grant removal based on the amount in controversy in this situation, nor should it stay the case for unclear jurisdiction.

Removal of a diversity case must be filed within one year after the state-court action begins, unless the plaintiff acted in bad faith to prevent removal. If removal occurs after that one-year window, the federal court has no jurisdiction to hear the case on the basis of diversity. The proper action is to remand the case to state court as untimely removal under 28 U.S.C. § 1447(c). The court cannot grant removal based on the amount in controversy in this situation, nor should it stay the case for unclear jurisdiction.