Jane, a resident of State C, files a lawsuit in state court against John, a resident of State D, and Maria, also a resident of State C, seeking $100,000 in damages for personal injury. John wishes to remove the case to federal court based on diversity jurisdiction. Can John successfully remove the case to federal court?
No, because there is not complete diversity among all parties involved.
Yes, because the amount in controversy exceeds $75,000 and there are multiple defendants from different states.
Yes, because one defendant is from a different state than the plaintiff.
No, because diversity jurisdiction does not apply when multiple defendants are present.
John cannot successfully remove the case to federal court based on diversity jurisdiction because there is not complete diversity among the parties. Both Jane and Maria are residents of State C, and Maria is a defendant. Complete diversity requires that all plaintiffs be from different states than all defendants.
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Multistate Bar Examination
Civil Procedure
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