Awesome! Thank you so much. I am studying for the bar exam & find your videos the perfect balance of easy-to-digest frameworks / rule explanations and coverage of nuance that is relevant for the bar, without being too surface level or too in the weeds. Honestly, you do it better than my commercial bar prep course (and most others I have seen) & are saving me a ton of time wasted on filling in their gaps / over-studying what I don’t need for the Bar. You also have a lovely voice & format of your videos is great for learning. By the looks of your channel, it seems like you are just starting out, but you certainly stand out among the crowd of even other well-made law school / bar prep videos here on TH-cam. Can’t wait for more videos!!
Is there anyway a plaintiff can remove a case from state court to federal court? Can a plaintiff use Derivative jurisdiction or joinder of federal law claims and state law claims? Great video by the way and thanks for sharing your knowledge!!
The Petitioner does not get to "Remove" the action to federal court because he/she gets to choose the forum in the first place. She gets to choose to file (initiate) the action in federal or state court from the start. Thus, she already has the opportunity to file in federal court, provided the action meets the requirements (Diversity or Federal Question). The Defendant, however, does not have that initial opportunity, and thus is given the option (provided he meets the requirements) to "Remove" a state action to federal court.
As plaintiff, Can I increase the amount I’m suing for since my case was transferred from Civil to Federal based upon FMLA claim I forgot to put $amt in my original claim? I have other civil claims as well but simply forgot. I’m pro Se, lol.
Hi! Plaintiffs, since they’re the ones bringing the action, have the initial choice of forum. That is, P has the choice of where to sue. There are many reasons for them to want to bring the action in state court; the court might be geographically closer, maybe it’s a state claim P thinks state court will be better suited to resolve, maybe P’s lawyer is better versed in state civil procedure, maybe P knows D wants to litigate in federal court so P sues in state court to be a brat about it, lol. If the lawsuit could’ve been filed in federal court from the start, Defendant can then use Removal to “remove” that lawsuit from state court into federal court. Hope this helps.
Brilliant
Thank you! I just recorded the updated version. Email me, questions@jdsimplified.com and I'll send it to you.
Thank you, I needed that visual interpretation of this lol. You don't know how much it helps lol.
I’m so so happy it brought you so much value. Totally makes my day every time I get one these comments!
This was SO good and helpful!
🥹 I’m so so glad it was valuable! ❤️
I’m posting In Personam Jurisdiction tomorrow and Supplemental Jurisdiction next week 😉
Awesome! Thank you so much. I am studying for the bar exam & find your videos the perfect balance of easy-to-digest frameworks / rule explanations and coverage of nuance that is relevant for the bar, without being too surface level or too in the weeds. Honestly, you do it better than my commercial bar prep course (and most others I have seen) & are saving me a ton of time wasted on filling in their gaps / over-studying what I don’t need for the Bar. You also have a lovely voice & format of your videos is great for learning. By the looks of your channel, it seems like you are just starting out, but you certainly stand out among the crowd of even other well-made law school / bar prep videos here on TH-cam. Can’t wait for more videos!!
Finally someone who makes sense
Glad it’s helpful! I have a class on Erie I haven’t posted. Let me know what you’d like to see more of.
I love the clearness and thoroughness. Thank you so much!
I wish you would’ve been my professor in every single class in law school. You explain everything perfectly. Thank you.
My pleasure! More vids to come soon 😎
Is there anyway a plaintiff can remove a case from state court to federal court? Can a plaintiff use Derivative jurisdiction or joinder of federal law claims and state law claims? Great video by the way and thanks for sharing your knowledge!!
What if the other defendant has been offer a deal .Change mind about a request for dismissal.
WHAT IF THE PETITIONER WANTS TO MOVE TO FEDERAL ?
The Petitioner does not get to "Remove" the action to federal court because he/she gets to choose the forum in the first place. She gets to choose to file (initiate) the action in federal or state court from the start. Thus, she already has the opportunity to file in federal court, provided the action meets the requirements (Diversity or Federal Question). The Defendant, however, does not have that initial opportunity, and thus is given the option (provided he meets the requirements) to "Remove" a state action to federal court.
moition filing mc 025
How can a diversity claim not state an amount in controversy when that is an element of a diversity of citizenship claim?
I need a little more context please. Feel free to email me questions@jdsimplified.com
As plaintiff, Can I increase the amount I’m suing for since my case was transferred from Civil to Federal based upon FMLA claim I forgot to put $amt in my original claim? I have other civil claims as well but simply forgot. I’m pro Se, lol.
lol
Go Equity as BAR is going up in flames
Question..Why is it that some plaintiffs do not have the case in federal court in the beginning? What are the reason?
Hi! Plaintiffs, since they’re the ones bringing the action, have the initial choice of forum. That is, P has the choice of where to sue. There are many reasons for them to want to bring the action in state court; the court might be geographically closer, maybe it’s a state claim P thinks state court will be better suited to resolve, maybe P’s lawyer is better versed in state civil procedure, maybe P knows D wants to litigate in federal court so P sues in state court to be a brat about it, lol. If the lawsuit could’ve been filed in federal court from the start, Defendant can then use Removal to “remove” that lawsuit from state court into federal court. Hope this helps.
It’s Nevada not Nevahda 😉
on it!
This was so helpful. Thank you so much.
Glad it helped! What other classes are you taking?