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If a case is removed from state court to federal court, then…

If a case is removed...
If a case is removed from state court to federal court, then remanded back to state court, by the judge, and there is a federal question involved, can the defendant seek a dismissal on grounds of the federal question or is the remand in effect saying that the state court now has jurisdiction over the federal question?
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Answered in 2 minutes by:
1/27/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

State courts can hear questions regarding federal law. The federal courts have exclusive jurisdiction over matters between states, matters of maritime law, and matters of Constitutional law. Otherwise, a state court can hear a case that is regarding a federal question or the federal courts may decide to take it up, but they do not have to.

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Customer reply replied 6 months ago
The defendants removed the case because of a federal question, complete diversity and amount in controversy over $75,000.00 (in their opinion). The federal court remanded the case after deciding that Rooker-Feldman "very likely" could apply, but they didn't dismiss the case. So just so I'm prepared, could the defendant now just turn around and remove it again due to any one or all three of the reasons they did in the first place?

No. If the federal court already rejected hearing the case despite the option, if the defendant tries to remove it again, then the court will look at this earlier decision and reject the removal.

Legal Eagle
Legal Eagle, Lawyer
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