A class action involving a single named plaintiff from State A and defendants from States B and C asserts a federal question and more than $75,000 in controversy. The named plaintiff's state is different from the defendants’ states. What is the likely outcome?

A class action involving a single named plaintiff from State A and defendants from States B and C asserts a federal question and more than $75,000 in controversy. The named plaintiff's state is different from the defendants’ states. What is the likely outcome?

• A. The case cannot be removed to federal court
• B. The case may be removed to federal court solely on the basis of federal question and diversity
• C. Diversity must be proven for removal, regardless of the federal question claim
• D. Removal is only possible under CAFA rules

Answer: (B)

Removal to federal court is available here because two independent paths line up: a federal question in the claim, and at least some diversity among the parties. A defendant can remove a case that arises under federal law to federal court, regardless of state-law grounds, and the dispute also involves parties from different states (the named plaintiff is from State A while the defendants are from States B and C), which satisfies the basic diversity requirement. The amount in controversy being over $75,000 fits the traditional diversity/removal threshold, so the case meets the usual jurisdictional bar as well. Although CAFA could also apply if the class meets its thresholds (minimum 100 members and $5 million in controversy), those criteria aren’t stated here, so removal can proceed under the standard federal-question/diversity route. Thus, the case is removable to federal court.

Removal to federal court is available here because two independent paths line up: a federal question in the claim, and at least some diversity among the parties. A defendant can remove a case that arises under federal law to federal court, regardless of state-law grounds, and the dispute also involves parties from different states (the named plaintiff is from State A while the defendants are from States B and C), which satisfies the basic diversity requirement. The amount in controversy being over $75,000 fits the traditional diversity/removal threshold, so the case meets the usual jurisdictional bar as well. Although CAFA could also apply if the class meets its thresholds (minimum 100 members and $5 million in controversy), those criteria aren’t stated here, so removal can proceed under the standard federal-question/diversity route. Thus, the case is removable to federal court.