A defendant may remove a state court action to federal court where the federal court would have had original jurisdiction. The procedure is technical and the deadlines are unforgiving.

Grounds. Federal question appearing on the face of a well-pleaded complaint, or diversity of citizenship with the required amount in controversy. A defense raising federal law does not create removal jurisdiction.

Thirty days from service of the initial pleading, or from receipt of a paper first showing the case is removable. All properly joined and served defendants must consent.

The forum defendant rule bars removal on diversity where any properly joined and served defendant is a citizen of the state where the action is pending.

One-year limit on diversity removals from the commencement of the action, unless the plaintiff acted in bad faith to prevent removal.

Amount in controversy may be established by the notice of removal’s plausible allegation, subject to proof if contested.

Remand. A motion to remand for any defect other than subject matter jurisdiction must be filed within thirty days of removal; subject matter jurisdiction may be raised at any time and requires remand. Fees may be awarded where removal lacked an objectively reasonable basis.

Citizenship of LLCs follows every member, through every tier — the most common reason a removal fails.