Under concurrent jurisdiction, if a plaintiff files in state court, what can the defendant do?

Under concurrent jurisdiction, if a plaintiff files in state court, what can the defendant do?

• A. The case may stay in state court
• B. The plaintiff must refile in federal court
• C. The case is immediately dismissed
• D. The defendant may remove the case to federal court

Answer: (D)

Concurrent jurisdiction means both state and federal courts can hear the same kinds of cases. When a plaintiff files in state court, the defendant has the option to move the case to federal court by removing it, but only if the case falls within original federal jurisdiction (for example, a federal question or complete diversity with the amount in controversy). Removal is accomplished by filing a notice of removal in the federal district court and giving prompt notice to all parties. If removal is proper, the case proceeds in federal court instead of state court. This is an option for the defendant, not a requirement, and the plaintiff does not need to refile in federal court. The case is not automatically dismissed; it is transferred to federal court if the removal is timely and proper. If removal is improper or jurisdiction doesn’t exist, the case may stay in state court or be remanded back.

Concurrent jurisdiction means both state and federal courts can hear the same kinds of cases. When a plaintiff files in state court, the defendant has the option to move the case to federal court by removing it, but only if the case falls within original federal jurisdiction (for example, a federal question or complete diversity with the amount in controversy). Removal is accomplished by filing a notice of removal in the federal district court and giving prompt notice to all parties. If removal is proper, the case proceeds in federal court instead of state court. This is an option for the defendant, not a requirement, and the plaintiff does not need to refile in federal court. The case is not automatically dismissed; it is transferred to federal court if the removal is timely and proper. If removal is improper or jurisdiction doesn’t exist, the case may stay in state court or be remanded back.