Which of the following could prevent the granting of a petition for removal in a diversity of citizenship case?
A) The plaintiff is a citizen of the state in which the case is brought.
B) The defendant is a citizen of the state in which the case is brought.
C) The plaintiff and the defendant are not citizens of the same state.
D) Diversity of citizenship is total.

Question

Quizplus · Accepted Answer

The defendant being a citizen of the state in which the case is brought can prevent the granting of a petition for removal in a diversity of citizenship case because for removal in diversity cases, the case must be one which could have been filed in federal court originally. If the defendant is a citizen of the state where the case was filed, it negates the purpose of removal for diversity jurisdiction, which is to prevent home-state bias against out-of-state defendants.

Which of the Following Could Prevent the Granting of a Petition