WI Bar Practice Questions - Wisconsin Bar Examination Exam

Under 28 U.S.C. 1441, when may a defendant remove a case from state court to federal court?

Only when both parties agree to removal When the federal court would have had original jurisdiction over the action Only in diversity cases involving over $1 million in controversy When the state court refuses to apply federal law

Correct Answer:

When the federal court would have had original jurisdiction over the action

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