AL Bar Practice Questions - Alabama Bar Examination Exam

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A plaintiff sues in Alabama state court and the defendant, an out-of-state citizen, removes the case to federal court based on diversity. The amount in controversy exceeds $75,000. Under the removal statutes, when is removal proper?

Removal is never allowed in diversity cases Removal is generally proper where the federal court would have had original jurisdiction, subject to the forum-defendant rule barring removal when a defendant is a citizen of the forum state Removal is allowed only if the plaintiff consents Removal converts the case into a federal-question case automatically

Correct Answer:

Removal is generally proper where the federal court would have had original jurisdiction, subject to the forum-defendant rule barring removal when a defendant is a citizen of the forum state

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