Legal Definitions - Removal

In legal terms, Removal refers to the process by which a defendant in a civil lawsuit, originally filed in a state court, can transfer that case to a federal court. This power is generally available when the case could have been filed in federal court from the outset.

The two primary reasons a case might qualify for federal court, and thus be eligible for removal, are:

• Federal Question Jurisdiction: This applies when the lawsuit involves a claim that arises directly under federal law, the U.S. Constitution, or a treaty.
• Diversity Jurisdiction: This applies when the parties involved in the lawsuit are citizens of different states, and the amount of money or value of the dispute exceeds a specific financial threshold (currently $75,000).

While these are the general rules, there are specific circumstances where removal might be prohibited even if these conditions are met, or conversely, allowed even if they are not. The purpose of removal is often to ensure fairness, provide a neutral forum, or have a case heard in a court system deemed more appropriate for certain types of disputes.

Here are a few examples illustrating how removal works:

• Example 1 (Diversity Jurisdiction):

  Imagine a small business owner from Oregon sues a large corporation headquartered in Delaware in an Oregon state court, seeking $200,000 in damages for breach of contract. The Delaware corporation, as the defendant, can choose to remove this case to a federal court.

  How it illustrates Removal: This situation qualifies for removal under diversity jurisdiction. The parties are citizens of different states (Oregon vs. Delaware), and the amount in dispute ($200,000) exceeds the federal minimum threshold of $75,000. The corporation might prefer a federal court, believing it offers a more neutral environment than a state court in the plaintiff's home state.

• Example 2 (Federal Question Jurisdiction):

  A software developer files a lawsuit in a state court against a competitor, alleging that the competitor copied their unique software code, thereby infringing on their federally registered copyright.

  How it illustrates Removal: Even though the lawsuit was initiated in state court, the core claim involves a violation of federal copyright law. Because cases involving federal intellectual property such as copyrights fall under federal question jurisdiction, the defendant competitor can remove the case to federal court, which has specialized expertise in these types of legal matters.

• Example 3 (Special Circumstance - Federal Officer):

  A U.S. Postal Service employee, while on duty delivering mail, is involved in a minor traffic accident and is subsequently sued for negligence by the other driver in a local state court.

  How it illustrates Removal: In this scenario, even if the initial claim might appear to be a standard state tort case, federal law allows for the removal of cases to federal court when a federal officer or agency is sued for actions taken in their official capacity. The Postal Service employee, as a federal officer, can request to have the case removed to federal court.