Bar Exam (Uniform) Quiz: Removal And Remand

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Removal And RemandQuestion 1 of 20

A class action lawsuit was filed in a Mississippi state court by 150 plaintiffs, all citizens of Mississippi. They sued a corporation that is a citizen of Louisiana. The complaint alleges that the aggregate amount of the claims of the class members exceeds $6 million. The defendant corporation filed a notice of removal to federal court. The plaintiffs moved to remand, arguing that complete diversity is lacking because some unnamed class members might be citizens of Louisiana.

What is the likely outcome of the motion to remand? Select one.

The motion will be granted, because the amount in controversy does not exceed $5 million for each individual plaintiff.

The motion will be granted, because the defendant must prove that every single member of the class is diverse from the defendant.

The motion will be denied, because the named plaintiffs are all diverse from the defendant, which is sufficient.

The motion will be denied, because the Class Action Fairness Act (CAFA) requires only minimal diversity for removal of large class actions.

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Bar Exam (Uniform) Quiz

Bar Exam (Uniform) Quiz: Removal And Remand

Practice Removal And Remand in Bar Exam (Uniform) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Removal And Remand, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Uniform).

How to use this quiz

Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

All questions

Question 1

What is the likely outcome of the motion to remand? Select one.

The motion will be granted, because the amount in controversy does not exceed $5 million for each individual plaintiff.
The motion will be granted, because the defendant must prove that every single member of the class is diverse from the defendant.
The motion will be denied, because the named plaintiffs are all diverse from the defendant, which is sufficient.
The motion will be denied, because the Class Action Fairness Act (CAFA) requires only minimal diversity for removal of large class actions. (correct answer)

Explanation: When you encounter a class action removal question, you need to distinguish between traditional diversity jurisdiction rules and the Class Action Fairness Act (CAFA). This case involves a large class action with over $5 million in controversy, which triggers CAFA's special provisions. Under CAFA, federal courts have jurisdiction over class actions where: (1) any class member is diverse from any defendant (minimal diversity), (2) the class has 100+ members, and (3) the aggregate claims exceed $5 million. Here, all three requirements are met—the named Mississippi plaintiffs are diverse from the Louisiana defendant, there are 150 class members, and claims exceed $6 million. The possibility that some unnamed class members might share citizenship with the defendant doesn't defeat jurisdiction because CAFA only requires minimal diversity, not complete diversity. Option A is wrong because CAFA looks at aggregate damages ($6 million total), not individual claims exceeding $5 million. Option B incorrectly applies traditional diversity rules, which would require complete diversity between all parties. Under those rules, the defendant would need to prove no class member shares its citizenship. Option C reaches the right result but uses wrong reasoning—it's not that named plaintiff diversity alone is sufficient, but rather that CAFA's minimal diversity standard governs. Study tip: Remember the CAFA threshold: 100+ class members + $5 million aggregate + minimal diversity = federal jurisdiction. This statute was designed to move large class actions to federal court, so it has more permissive requirements than traditional diversity jurisdiction.

Question 2

A citizen of Texas sued two defendants, a citizen of Oklahoma and a citizen of Texas, in Texas state court. The claims arose from a single transaction and sought $1 million in damages. Thirteen months after the lawsuit was commenced, the plaintiff voluntarily dismissed the Texas defendant from the case. Ten days later, the remaining Oklahoma defendant filed a notice of removal to federal court based on diversity jurisdiction. The plaintiff moved to remand.

How is the federal court most likely to rule on the plaintiff's motion? Select one.

Grant the motion, because a case may not be removed on the basis of diversity jurisdiction more than one year after its commencement. (correct answer)
Deny the motion, because the defendant filed the notice of removal within 30 days of the case becoming removable.
Grant the motion, unless the defendant can prove the plaintiff acted in bad faith to prevent removal.
Deny the motion, because at the time of removal, complete diversity existed and the amount in controversy was met.

Explanation: The court will grant the motion to remand. Under 28 U.S.C. § 1446(c)(1), a case may not be removed on the basis of diversity jurisdiction more than one year after the commencement of the action. Here, the case became removable 13 months after it was filed. Because this is more than one year, the removal is barred. While there is an exception for bad faith by the plaintiff, the facts provided do not establish it, making the one-year bar the dispositive rule.

Question 3

A California corporation sued a New York corporation in New York state court for breach of contract, seeking $150,000. The defendant timely filed a notice of removal to the federal district court in New York. The plaintiff immediately filed a motion to remand.

What is the plaintiff's best argument in support of its motion to remand? Select one.

The case should be heard in state court because it involves the application of New York contract law.
The plaintiff, as the master of the complaint, chose the forum, and its choice should be honored.
The defendant is a citizen of the forum state, so removal based on diversity jurisdiction is improper. (correct answer)
The amount in controversy does not include potential attorneys' fees and therefore may not meet the jurisdictional minimum.

Explanation: Federal removal jurisdiction is governed by strict rules, and diversity jurisdiction has specific requirements that both parties must meet. When you encounter removal questions, always check whether all diversity requirements are satisfied. The correct answer is C because removal based on diversity jurisdiction is prohibited when any defendant is a citizen of the forum state. This is known as the "forum defendant rule" under 28 U.S.C. § 1441(b)(2). Since the defendant is a New York corporation and the case is filed in New York state court, the New York defendant cannot remove to federal court in New York, even though complete diversity exists between the California plaintiff and New York defendant, and the amount in controversy exceeds $75,000. Answer A is wrong because federal courts regularly apply state law, including contract law, under diversity jurisdiction. The source of applicable law doesn't determine whether removal is proper. Answer B misapplies the "master of the complaint" doctrine, which relates to what claims a plaintiff can bring, not forum selection when removal is otherwise available. The plaintiff's forum choice doesn't prevent valid removal. Answer D incorrectly suggests uncertainty about the jurisdictional amount. Here, the plaintiff seeks $150,000, which clearly exceeds the $75,000 threshold. While attorneys' fees can sometimes be included in calculating the amount in controversy, they're not needed here since the claimed damages alone satisfy the requirement. Remember this key removal rule: a defendant cannot remove a diversity case from the courts of its home state to federal court in that same state, regardless of other jurisdictional requirements.

Question 4

A plaintiff from State A sues a defendant from State B in State A court, alleging a violation of a federal statute. The defendant files a counterclaim against the plaintiff, alleging a violation of state contract law. The defendant did not remove the case. Six months later, the plaintiff moves to remove the case to federal court based on the original federal question claim.

How should the federal court handle the plaintiff's notice of removal? Select one.

Keep the case, because the plaintiff's original claim provides federal question jurisdiction.
Remand the case, because only defendants are permitted to remove a case. (correct answer)
Remand the case, because the plaintiff's notice of removal was untimely.
Keep the case, because the plaintiff is now acting as a defendant with respect to the counterclaim.

Explanation: Federal removal procedure follows strict rules about who can initiate removal and when. Understanding these limitations is crucial for questions involving jurisdiction and procedural requirements. The fundamental principle governing removal is that only defendants may remove a case from state to federal court. This rule exists because plaintiffs choose their forum when filing suit—allowing them to later remove would undermine the defendant's reliance on that initial choice and create procedural chaos. The removal statute explicitly grants this right to defendants, not plaintiffs. Answer B correctly identifies this core limitation. Regardless of whether federal question jurisdiction exists or other requirements are met, plaintiffs simply cannot remove cases they initiated. Answer A incorrectly focuses on whether federal jurisdiction exists. While the federal question claim might support jurisdiction, the presence of subject matter jurisdiction doesn't cure the procedural prohibition against plaintiff removal. Answer C suggests the timing was the problem. Although six months is indeed quite late for removal (defendants typically have 30 days), the fundamental issue isn't timing—it's that plaintiffs cannot remove at all, regardless of when they try. Answer D attempts to recharacterize the plaintiff as a "defendant" regarding the counterclaim. This creative argument fails because removal rights are determined by the party's status in the original action, not subsequent claims. The plaintiff remains the original plaintiff despite facing a counterclaim. Remember this bright-line rule: only defendants can remove cases. When you see removal questions, immediately check who's trying to remove before analyzing jurisdiction or timing issues.

Question 5

You are representing a client who was sued in state court. The plaintiff is a citizen of the same state as your client. The complaint alleges two claims: one for violation of a federal trademark statute and a second, unrelated claim for breach of a real estate contract under state law. The amount in controversy for the state law claim is $200,000.

You are considering whether to remove the case to federal court. Which statement most accurately describes the proper procedure and potential outcome? Select one.

The entire case may be removed, and the federal court must exercise supplemental jurisdiction over the state law claim.
The entire case may be removed, and the federal court must sever and remand the unrelated state law claim to state court. (correct answer)
Only the federal trademark claim can be removed; the state law claim must remain in state court.
The case cannot be removed because the lack of complete diversity bars removal of any part of the action.

Explanation: When you encounter a removal question involving both federal and state claims, focus on the removal statute's requirements and the federal court's options for handling mixed cases. Here, you have a federal trademark claim (which provides federal question jurisdiction) and an unrelated state contract claim worth

200,000. Since there's at least one claim arising under federal law, the entire case is removable under 28 U.S.C. § 1441(a) - the whole case comes with the federal claim. However, because the state law claim is completely unrelated to the federal trademark claim, the federal court cannot exercise supplemental jurisdiction under 28 U.S.C. § 1367(a), which requires claims to be part of the same "case or controversy." When faced with an unrelated state claim that exceeds the federal diversity threshold (

75,000), the proper procedure is to sever and remand that claim back to state court under § 1441(c). Answer choice A is wrong because supplemental jurisdiction only applies to related claims that form part of the same constitutional case - these claims are explicitly unrelated. Answer choice C misunderstands the removal process; you cannot remove individual claims - removal operates on the entire case. Answer choice D incorrectly focuses on diversity jurisdiction when federal question jurisdiction already exists through the trademark claim, making complete diversity irrelevant. Study tip: Remember that removal brings the whole case to federal court, but federal courts have tools (severance and remand) to send back unrelated state claims that don't belong in federal court. The key distinction is whether claims are related enough for supplemental jurisdiction.

Question 6

A plaintiff filed a lawsuit in state court against a single defendant. The complaint stated two claims. Claim One was for breach of contract, seeking $50,000. Claim Two was for a violation of a state consumer protection statute related to the same transaction, seeking $30,000. The parties are citizens of different states. The defendant filed a timely notice of removal.

The plaintiff filed a motion to remand, arguing that the amount in controversy requirement is not met. How should the court rule? Select one.

Grant the motion, because claims based on different legal theories cannot be aggregated.
Grant the motion, because neither of the individual claims exceeds the $75,000 jurisdictional minimum.
Deny the motion, but only if the two claims arise from a common nucleus of operative fact.
Deny the motion, because a single plaintiff may aggregate all claims against a single defendant to meet the amount in controversy. (correct answer)

Explanation: When you encounter federal jurisdiction questions involving multiple claims, focus on the aggregation rules for meeting the $75,000 amount in controversy requirement. The key principle is that a single plaintiff can always aggregate all claims against a single defendant, regardless of whether the claims are legally related. The correct answer is D because federal law permits a plaintiff to add together all claims against the same defendant to satisfy the jurisdictional minimum. Here, the plaintiff's $50,000 breach of contract claim plus the $30,000 consumer protection claim totals $80,000, which exceeds the required $75,000. Since the parties are diverse citizens, federal jurisdiction is proper and removal was valid. Answer A is wrong because the legal theory underlying different claims is irrelevant to aggregation. Whether claims sound in contract, tort, or statutory violation doesn't matter—they can still be combined. Answer B misapplies the aggregation rule by looking at claims individually rather than in total. The fact that neither individual claim meets the threshold is irrelevant when aggregation is allowed. Answer C incorrectly suggests that claims must be factually related to be aggregated. While factual relatedness matters in other contexts (like supplemental jurisdiction), it's not required for amount in controversy aggregation when it's the same plaintiff suing the same defendant. Remember this simple rule: same plaintiff versus same defendant equals automatic aggregation for amount in controversy purposes. The nature of the claims and their factual relationship are irrelevant to this calculation.

Question 7

A Texas citizen sued a Delaware corporation with its principal place of business in California, alleging breach of contract in Texas state court. The damages sought were $100,000. After the defendant timely removed the case to federal court, the state court, unaware of the removal, proceeded to enter a default judgment against the defendant for failing to file an answer in state court.

What is the legal effect of the state court's default judgment? Select one.

The judgment is voidable at the defendant's election, who may choose to abide by it or challenge it in federal court.
The judgment is valid unless and until the federal court issues an injunction against its enforcement.
The judgment is valid because the defendant failed to notify the state court of the removal.
The judgment is void because the filing of the notice of removal automatically divested the state court of jurisdiction. (correct answer)

Explanation: When you encounter a removal question, focus on the fundamental principle that removal automatically transfers jurisdiction from state to federal court upon filing the notice of removal. The correct answer is D. Federal removal operates as an immediate jurisdictional transfer. The moment the defendant files a proper notice of removal in federal court, the state court loses all jurisdiction over the case. This transfer happens by operation of law, regardless of whether the state court is actually notified. Since the state court lacked jurisdiction when it entered the default judgment, that judgment is void ab initio (from the beginning). Here's why the other options are incorrect: Answer A is wrong because the judgment isn't merely voidable at the defendant's election—it's completely void due to lack of jurisdiction. A court cannot issue valid judgments without jurisdiction. Answer B incorrectly suggests the judgment has validity until enjoined. However, judgments entered without jurisdiction are void, not just subject to later invalidation. Answer C creates a false requirement that the defendant must notify the state court. While it may be good practice to inform the state court, there's no legal obligation to do so, and the removal is effective regardless. Remember this key removal rule: jurisdiction transfers immediately upon filing the notice of removal in federal court. The state court's awareness is irrelevant—any subsequent state court actions are void for lack of jurisdiction. This automatic transfer protects defendants from having to litigate in multiple forums simultaneously.

Question 8

A plaintiff from New Mexico sued a defendant from Arizona in New Mexico state court for $100,000. The defendant was served on March 1. On March 20, the defendant filed a motion to dismiss in the state court. On April 5, after the state court denied the motion to dismiss, the defendant filed a notice of removal to federal court. The plaintiff timely moved to remand.

How should the federal court rule on the motion to remand? Select one.

Deny the motion, because the case only became removable after the state court's adverse ruling on the dispositive motion.
Deny the motion, because the 30-day period for removal was tolled while the state court considered the motion to dismiss.
Grant the motion, because by filing a motion to dismiss in state court, the defendant waived the right to remove.
Grant the motion, because the notice of removal was filed more than 30 days after the defendant was served. (correct answer)

Explanation: When you encounter a federal removal question, focus on the strict timing requirements that govern when a defendant can remove a case from state to federal court. Under 28 U.S.C. § 1446(b), a defendant must file a notice of removal within 30 days of being served with the initial pleading. This is a firm deadline with very limited exceptions. Here, the defendant was served on March 1, making the removal deadline March 31. Since the defendant didn't file the notice of removal until April 5, the removal was untimely by five days. Choice D correctly identifies this timing violation as fatal to the defendant's removal attempt. The federal court must grant the motion to remand because the procedural deadline was missed. Choice A incorrectly suggests that adverse rulings somehow create new removal opportunities. The removability of a case is determined at the time of service, not after subsequent court rulings. Choice B misapplies tolling concepts. While certain circumstances can toll limitation periods, filing a motion to dismiss in state court does not toll the 30-day removal period. The defendant must remove within 30 days regardless of pending motions. Choice C overstates the waiver doctrine. While defendants can waive removal rights through certain conduct, merely filing a motion to dismiss doesn't automatically constitute waiver. Courts apply a strict standard for finding removal waiver. Remember this key rule: The 30-day removal clock starts ticking upon service and rarely stops. When analyzing removal questions, always check the timing first—many removal issues can be resolved simply by counting days from service.

Question 9

A patient, a citizen of Ohio, sued a surgeon, also a citizen of Ohio, and a medical device manufacturer, a citizen of Pennsylvania, in Ohio state court. The suit alleged malpractice against the surgeon and a product defect against the manufacturer, seeking $500,000 from each. The manufacturer's attorney believes that there is no plausible claim against the Ohio surgeon and that the surgeon was joined solely to defeat diversity jurisdiction.

If the manufacturer removes the case to federal court, what is its strongest argument to defeat the patient's subsequent motion to remand? Select one.

The amount in controversy against the manufacturer is sufficient for federal jurisdiction, regardless of the surgeon's citizenship.
The claim against the manufacturer is a separate and independent claim that can be removed on its own.
The claim against the surgeon was fraudulently joined and her citizenship should be disregarded for diversity purposes. (correct answer)
The case involves complex medical issues better suited for a federal forum.

Explanation: When you encounter removal and remand questions, focus on the requirements for federal diversity jurisdiction: complete diversity between parties and amount in controversy exceeding $75,000. Here, the patient and surgeon are both Ohio citizens, destroying complete diversity and seemingly blocking federal jurisdiction. However, the manufacturer can argue fraudulent joinder under answer C. This doctrine allows federal courts to disregard a non-diverse defendant's citizenship if the plaintiff has no reasonable possibility of recovery against that defendant. Since the manufacturer's attorney believes there's no plausible malpractice claim against the surgeon and suspects the surgeon was joined solely to defeat diversity, fraudulent joinder provides the strongest removal argument. If successful, the court would ignore the surgeon's Ohio citizenship, leaving only diverse parties (Ohio patient vs. Pennsylvania manufacturer) with sufficient amount in controversy ($500,000). Answer A is incorrect because the amount in controversy requirement alone doesn't overcome the complete diversity problem—both requirements must be satisfied simultaneously. Answer B misapplies the separate and independent claim doctrine, which requires the federal claim to be completely separate from state claims and within exclusive federal jurisdiction; medical malpractice and product liability claims don't meet these criteria. Answer D incorrectly suggests federal courts are preferred for complex cases, but complexity alone doesn't create federal jurisdiction—the statutory requirements must still be met. Remember this pattern: when removal seems impossible due to citizenship problems, always consider whether fraudulent joinder might apply. Look for fact patterns suggesting the non-diverse defendant was added strategically without legitimate grounds for recovery.

Question 10

If the manufacturer removes the case to federal court, what is its strongest argument to defeat the patient's subsequent motion to remand? Select one.

The amount in controversy against the manufacturer is sufficient for federal jurisdiction, regardless of the surgeon's citizenship.
The claim against the manufacturer is a separate and independent claim that can be removed on its own.
The claim against the surgeon was fraudulently joined and her citizenship should be disregarded for diversity purposes. (correct answer)
The case involves complex medical issues better suited for a federal forum.

Question 11

A driver from Nevada caused a multi-car accident in California. Two injured parties, both citizens of California, filed a single lawsuit against the Nevada driver in California state court. The first plaintiff seeks $50,000 in damages, and the second plaintiff seeks $40,000 in damages. The defendant timely filed a notice of removal to federal court, asserting diversity jurisdiction.

The plaintiffs have filed a motion to remand. Is the federal court likely to grant the motion? Select one.

Yes, because the claims of multiple plaintiffs against a single defendant cannot be aggregated to meet the amount in controversy requirement. (correct answer)
No, because the total amount sought in the lawsuit, $90,000, exceeds the jurisdictional minimum of $75,000.
Yes, because the forum defendant rule prohibits removal when the plaintiffs are citizens of the forum state.
No, because there is complete diversity between the defendant and all plaintiffs.

Explanation: The motion to remand will be granted. For diversity jurisdiction, the amount in controversy must exceed $75,000. When multiple plaintiffs assert separate and distinct claims in a single lawsuit, their claims cannot be aggregated to satisfy the jurisdictional amount. Each plaintiff must independently meet the amount-in-controversy requirement. Since neither plaintiff's claim exceeds $75,000, the federal court lacks subject-matter jurisdiction, and the case must be remanded.

Question 12

What is the plaintiff's best argument in support of its motion to remand? Select one.

The case should be heard in state court because it involves the application of New York contract law.
The plaintiff, as the master of the complaint, chose the forum, and its choice should be honored.
The defendant is a citizen of the forum state, so removal based on diversity jurisdiction is improper. (correct answer)
The amount in controversy does not include potential attorneys' fees and therefore may not meet the jurisdictional minimum.

Question 13

A plaintiff sued Defendant 1 and Defendant 2 in state court on a federal question claim. Defendant 1 was served on May 1. Defendant 2 was served on June 10. On June 20, Defendant 2 filed a notice of removal, in which Defendant 1, who had been served 50 days earlier, joined. The plaintiff filed a timely motion to remand, arguing that the time for removal had expired.

Is the court likely to grant the motion to remand? Select one.

No, because the 30-day time limit for removal does not apply to cases removed under federal question jurisdiction.
Yes, because the notice of removal was filed more than 30 days after the first defendant, Defendant 1, was served.
No, because under the later-served defendant rule, the 30-day removal clock began for both defendants when Defendant 2 was served. (correct answer)
Yes, because Defendant 1's consent to removal was untimely, as it was given more than 30 days after Defendant 1 was served.

Explanation: When you encounter a removal question involving multiple defendants served at different times, focus on the "later-served defendant rule" - this is a key concept that trips up many test-takers. Under 28 U.S.C. § 1446(b), defendants have 30 days to remove a case to federal court. When multiple defendants are served at different times, the later-served defendant rule provides that the 30-day removal period begins anew when each defendant is served. This means that a later-served defendant can file for removal within 30 days of their own service, even if earlier-served defendants' removal periods have expired - as long as all defendants consent. Here, Defendant 2 was served on June 10 and filed the removal notice on June 20, which is within the 30-day window from Defendant 2's service date. Since Defendant 1 joined in this timely removal, the removal is proper under the later-served defendant rule. Answer A is wrong because the 30-day time limit absolutely applies to federal question cases - there's no exception based on the type of federal jurisdiction. Answer B incorrectly focuses only on when Defendant 1 was served, ignoring the later-served defendant rule that resets the clock. Answer D misunderstands the rule by suggesting Defendant 1's consent must be given within 30 days of Defendant 1's own service, rather than within the window created by the later-served defendant. Remember: In multi-defendant removal cases, always identify the last-served defendant and count the 30-day period from that defendant's service date, not the first defendant's service.

Question 14

How should the federal court rule on the motion to remand? Select one.

Deny the motion, because the case only became removable after the state court's adverse ruling on the dispositive motion.
Deny the motion, because the 30-day period for removal was tolled while the state court considered the motion to dismiss.
Grant the motion, because by filing a motion to dismiss in state court, the defendant waived the right to remove.
Grant the motion, because the notice of removal was filed more than 30 days after the defendant was served. (correct answer)

Question 15

How should the federal court handle the plaintiff's notice of removal? Select one.

Keep the case, because the plaintiff's original claim provides federal question jurisdiction.
Remand the case, because only defendants are permitted to remove a case. (correct answer)
Remand the case, because the plaintiff's notice of removal was untimely.
Keep the case, because the plaintiff is now acting as a defendant with respect to the counterclaim.

Question 16

A plaintiff from State A sued a defendant from State B in State A court on a state law claim for $100,000. The defendant timely removed the case to federal court based on diversity. One month after removal, the plaintiff properly filed an amended complaint that added a second defendant, who is a citizen of State A. The plaintiff then moved to remand the case to state court.

How should the federal court proceed? Select one.

The court must grant the motion to remand because the amendment destroyed complete diversity.
The court must deny the motion to remand because jurisdiction is determined at the time of removal.
The court may, in its discretion, either deny joinder of the new defendant or permit joinder and remand the action. (correct answer)
The court should deny joinder of the new defendant because the plaintiff's motive was to defeat federal jurisdiction.

Explanation: Under 28 U.S.C. § 1447(e), if after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject-matter jurisdiction, the court has two options: (1) deny joinder, or (2) permit joinder and remand the action to the state court. The statute gives the court discretion in this situation. It is not required to grant remand, nor is it required to deny joinder. The court will typically weigh factors such as the plaintiff's motive, the timing of the amendment, and potential prejudice to the parties.

Question 17

A Florida citizen filed a lawsuit in a Florida state court against a corporation and its chief executive officer (CEO). The complaint alleges a single claim for breach of contract, seeking $200,000 in damages. The corporation is incorporated in Delaware and has its principal place of business in Georgia. The CEO is a citizen of Georgia. Both the corporation and the CEO were properly served with the complaint. Twenty days after being served, the corporation filed a notice of removal to the appropriate federal district court. The CEO did not join in the notice of removal.

The plaintiff timely filed a motion to remand the case to state court. How is the federal court most likely to rule on the motion? Select one.

Grant the motion, because all defendants who have been properly served did not consent to the removal. (correct answer)
Deny the motion, because the requirements for diversity jurisdiction are satisfied.
Grant the motion, because a defendant corporation's principal place of business is in the same state as a co-defendant.
Deny the motion, because the notice of removal was filed within 30 days of service.

Explanation: The court will likely grant the motion to remand due to a procedural defect in the removal. Under 28 U.S.C. § 1446, all defendants who have been properly joined and served must join in or consent to the removal of the action. This is known as the rule of unanimity. Here, the CEO was properly served but did not join the corporation's notice of removal. Because the plaintiff's motion to remand was timely, the court should grant it based on this procedural failure.

Question 18

An employee, a citizen of Oregon, sued his employer, a corporation, in Oregon state court. The complaint alleged wrongful termination in violation of a state whistleblower protection statute and sought $50,000 in damages. In its answer, the employer asserted that the employee's claim was preempted by a federal labor law. The employer then filed a notice of removal to the local federal district court, asserting federal question jurisdiction based on the preemption defense.

The employee filed a timely motion to remand. What is the most likely outcome of the motion? Select one.

The motion will be granted, because the federal issue arises only as a defense and not on the face of the well-pleaded complaint. (correct answer)
The motion will be denied, because federal preemption of a state law claim creates a substantial federal question.
The motion will be granted, because the amount in controversy does not exceed $75,000.
The motion will be denied, because the federal court must determine the validity of the federal preemption defense to resolve the case.

Explanation: The motion to remand will be granted. For a case to be removable based on federal question jurisdiction, the federal question must appear on the face of the plaintiff's well-pleaded complaint. An anticipated federal defense, such as preemption, is not part of the plaintiff's complaint and cannot serve as the basis for removal. This is a core tenet of the well-pleaded complaint rule established in Louisville & Nashville Railroad Co. v. Mottley.

Question 19

A citizen of Illinois filed a product liability lawsuit in Illinois state court against a manufacturer, which is a citizen of Wisconsin. The plaintiff seeks damages of $1 million. The manufacturer was properly served with the complaint and summons on June 1. On July 5, the manufacturer filed a notice of removal to federal court. On August 10, the plaintiff filed a motion to remand the case, arguing that the removal was improper.

How should the federal court rule on the plaintiff's motion to remand? Select one.

Deny the motion, because the plaintiff failed to file the motion within 30 days of the notice of removal. (correct answer)
Grant the motion, because the defendant failed to file the notice of removal within 30 days of being served.
Deny the motion, because the court has subject-matter jurisdiction based on diversity of citizenship.
Grant the motion, because the defendant is a citizen of a state that borders the forum state.

Explanation: The court should deny the motion. The defendant's removal was procedurally defective because it was filed on July 5, which is more than 30 days after being served on June 1 (28 U.S.C. § 1446(b)). However, a motion to remand based on a procedural defect in removal must be made within 30 days after the filing of the notice of removal (28 U.S.C. § 1447(c)). The plaintiff filed the motion on August 10, which is more than 30 days after the July 5 notice of removal. Therefore, the plaintiff has waived the right to object to this procedural defect.

Question 20

The employee filed a timely motion to remand. What is the most likely outcome of the motion? Select one.

The motion will be granted, because the federal issue arises only as a defense and not on the face of the well-pleaded complaint. (correct answer)
The motion will be denied, because federal preemption of a state law claim creates a substantial federal question.
The motion will be granted, because the amount in controversy does not exceed $75,000.
The motion will be denied, because the federal court must determine the validity of the federal preemption defense to resolve the case.