Legal Definitions - notice of removal

A notice of removal is a formal legal document filed by a defendant in a lawsuit to transfer a case from a state court to a federal court. This action is typically taken when the defendant believes the case meets specific legal criteria that allow it to be heard in federal court, such as involving a federal law or disputes between citizens of different states where the amount of money at stake exceeds a certain threshold.

When a defendant files a notice of removal, they are essentially asking the federal court to take over the case. The notice must clearly state the legal reasons why the case qualifies for federal jurisdiction and include copies of all relevant documents from the state court proceedings. The defendant must also promptly inform both the state court where the case originated and all other parties involved in the lawsuit that the case is being moved. There is a strict deadline for filing this notice, usually within 30 days after the defendant has been officially served with the lawsuit.

Here are some examples of when a notice of removal might be filed:

• Example 1: Diversity of Citizenship

  Imagine a large software company based in Delaware is sued in a California state court by a former employee who lives in California, alleging breach of contract and seeking $200,000 in damages. The Delaware company, as the defendant, might prefer to have the case heard in federal court, believing it offers a more neutral forum due to the parties being from different states and the amount in dispute exceeding the federal minimum. The company would file a notice of removal in the appropriate federal district court in California, citing "diversity of citizenship" as the grounds for removal.

• Example 2: Federal Question Jurisdiction

  Consider a scenario where an individual sues their employer in a state court, claiming they were discriminated against based on their religion, which is a violation of Title VII of the Civil Rights Act of 1964—a federal law. Even though the lawsuit was initially filed in state court, the employer (defendant) might file a notice of removal to transfer the case to federal court. They would argue that because the core of the dispute involves the interpretation and application of a federal anti-discrimination law, the case properly belongs in the federal judicial system, which specializes in federal legal matters.

• Example 3: Complex Product Liability with Federal Regulations

  Suppose a person is severely injured by a medical device and sues the device manufacturer in their local state court, alleging product defect. The manufacturer, a large multinational corporation, might argue that the design, testing, and approval of the medical device are heavily regulated by the U.S. Food and Drug Administration (FDA), a federal agency. The manufacturer could then file a notice of removal, asserting that the case involves significant federal questions related to FDA regulations and federal preemption doctrines, making it more appropriate for a federal court to handle.