Can removal be based on diversity if there are multiple defendants and one shares a state with a plaintiff?

Can removal be based on diversity if there are multiple defendants and one shares a state with a plaintiff?

• A. Yes, if all defendants consent to removal.
• B. Yes, if there is complete diversity among the parties.
• C. No, removal based on diversity is allowed only if the plaintiff does not object in writing.
• D. No—diversity-based removal requires complete diversity, and all defendants must join in the removal.

Answer: (D)

Diversity-based removal rests on two rules: there must be complete diversity, meaning no plaintiff shares a state of citizenship with any defendant, and every defendant must join in the removal. If one defendant is from the same state as a plaintiff, complete diversity is broken, so removal based on diversity cannot proceed—even if all defendants consent. In a case with multiple defendants, you can’t rely on some defendants’ consent to circumvent that rule; all must join in the removal for it to be proper. The plaintiff’s written objection isn’t the controlling factor here. Therefore, removal based on diversity is not allowed when a defendant shares a state with a plaintiff, and both requirements must be satisfied.

Diversity-based removal rests on two rules: there must be complete diversity, meaning no plaintiff shares a state of citizenship with any defendant, and every defendant must join in the removal. If one defendant is from the same state as a plaintiff, complete diversity is broken, so removal based on diversity cannot proceed—even if all defendants consent. In a case with multiple defendants, you can’t rely on some defendants’ consent to circumvent that rule; all must join in the removal for it to be proper. The plaintiff’s written objection isn’t the controlling factor here. Therefore, removal based on diversity is not allowed when a defendant shares a state with a plaintiff, and both requirements must be satisfied.