Question

3. Wax an Illinois resident, files a lawsuit against Fitzsimmons in Illinois state court. Fitzsimmons is a resident of Florida but owns property in Illinois. The amount in controversy is $80,000. Could Fitzsimmons remove this case to federal court? Is so how?

Answer 1

In this case, diversity jurisdiction clause will be applicable to remove this case to federal court. Wax is from Illinois while Fitzsimmons is from Florida. The federal court have subject matter jurisdiction in the cases where plaintiff and defendant are from different states or foreign national and money damages or amount in controversy are more than $75,000 in worth. In this case as the amount under the controversy is $80,000 and both parties are residents of different stats therefore Fitzsimmons can remove this case to federal court under diversity jurisdiction clause.