IL Bar Practice Questions - Illinois Bar Examination Exam

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A defendant removes a state-court case to federal court based on diversity. The plaintiff moves to remand, arguing one defendant is a citizen of the forum state. Under the forum-defendant rule, what is the result?

Removal is proper because diversity exists Removal is always permitted regardless of citizenship Removal based on diversity is improper if any properly joined and served defendant is a citizen of the forum state The case must be dismissed entirely

Correct Answer:

Removal based on diversity is improper if any properly joined and served defendant is a citizen of the forum state

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