QUESTION
If I bring a civil action against my adversary in his home state court, could he still have it removed to federal court? We live in different states.
Asked on Jul 09th, 2019 on Civil Litigation - Indiana
More details to this question:
I have brought a third party counterclaim against my adversary in federal court in a state different from mine or his. I don't like being a third party because I feel that my claims are not given priority. I would like to also bring a civil action as a plaintiff against my adversary in his home state court for the same matter. If I do so, could he remove the matter to federal court? If so, would the two cases then be merged and the second case be rendered moot? I would like to keep my civil action in state court. What if I bring the action in state court in my own home state? Could he have it removed to federal? My understanding is that the state and federal systems are separate and independent.
1 ANSWER
There are two bases for federal court jurisdiction, diversity of citizenship and federal question. In the abstract, if you sue someone in their home state, they can't remove to federal court on the basis of diversity jurisdiction, but could sitill remove if the suit involved a queston of federal law, for example if you allege that your adversary violated some federal statute. If you sue in your home state, teh case can be removed to federal court assuming that the other requirements for federal diversity jurisdiction are met (e.g. a sufficient amount in controversy) In your case, however, having already sued in one case, you cannot bring another case alleging the same claims, as it would probably be dismissed because of a prior action pending.
Answered on Jul 10th, 2019 at 9:44 AM