In a case where a motorcyclist from State B sues a pedestrian from State A, a defendant files a notice of removal in the federal court for the Eastern District of State A. Is removal proper?

In a case where a motorcyclist from State B sues a pedestrian from State A, a defendant files a notice of removal in the federal court for the Eastern District of State A. Is removal proper?

• A. Yes, because complete diversity is satisfied and the federal court is in the proper district.
• B. Yes, because the plaintiff filed in a state court within the district that the federal court sits.
• C. No, because the motorcyclist is a citizen of State B.
• D. No, because the accident occurred in a different district within State A.

Answer: (A)

Removal is proper because removal to federal court under diversity jurisdiction requires two things: the case must be one that could have been filed in federal court originally, and the federal court must sit in the district embracing the state court where the action was filed. Here, the motorcyclist is from State B and the pedestrian is from State A, so complete diversity exists. The case is pending in a state court in State A, and the defendant has removed to the federal court in the Eastern District of State A, which is the district that encompasses the state court. The particular district within State A where the accident occurred does not affect removal. So removal is proper assuming the amount in controversy requirement is met.

Removal is proper because removal to federal court under diversity jurisdiction requires two things: the case must be one that could have been filed in federal court originally, and the federal court must sit in the district embracing the state court where the action was filed. Here, the motorcyclist is from State B and the pedestrian is from State A, so complete diversity exists. The case is pending in a state court in State A, and the defendant has removed to the federal court in the Eastern District of State A, which is the district that encompasses the state court. The particular district within State A where the accident occurred does not affect removal. So removal is proper assuming the amount in controversy requirement is met.