Also known as: removal actions · removal
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A short-term measure to abate and clean up pollution by removing and disposing of toxic materials. The measure is designed to address immediate threats rather than achieve permanent restoration.
A short-term measure to abate and clean up pollution by removing and disposing of toxic materials. The measure is designed to address immediate threats rather than achieve permanent restoration.
Select any source to read its text and confirm it supports the definition.
The procedure by which a defendant transfers a pending civil action from state court to federal district court. The defendant initiates the transfer by filing a notice of removal containing a short and plain statement of the grounds together with copies of all process, pleadings, and orders served in the state action.
After the House selects a new President under Article II procedures, the outgoing administration files suit in state court challenging the electoral count. The new President removes the action to federal district court by filing a notice of removal that includes a short statement of federal question jurisdiction and attaches all state court pleadings.
The procedure by which a defendant transfers a pending civil action from state court to federal district court. The defendant initiates the transfer by filing a notice of removal containing a short and plain statement of the grounds together with copies of all process, pleadings, and orders served in the state action.
Each sense below has its own examples, sources, and questions.
After consent to enter land is revoked, the landowner demands that the former licensee remove equipment left behind. The licensee treats the demand as a removal action under tort principles and promptly clears the items while restoring the surface to its prior condition.
A landowner grants a neighbor the right to extract timber from a portion of the property. The neighbor treats the grant as creating a removal action that permits cutting and hauling the timber without further consent from the servient owner.
Removal jurisdiction transfers an existing lawsuit from state to federal court. A CERCLA removal action is an administrative or judicial measure to achieve short-term cleanup of hazardous substances rather than to change the forum of litigation.
Supporting sources
Blue Concrete receives the state court complaint on March 1 and files a notice of removal in the federal district court embracing the action on March 20. The notice contains a short statement of diversity jurisdiction and attaches copies of all process and pleadings served in the state case.
Shareholders of Dusk Farms call a special meeting to remove a director. The votes cast in favor of removal exceed those cast against, satisfying the statutory threshold even though the articles require only a simple majority.
A parent removes the child from the home state six months before filing a custody petition. The remaining parent continues to reside in the original state, allowing the home-state court to retain jurisdiction over the custody determination despite the child's absence.
The notice must include a short and plain statement of the grounds for removal and copies of all process, pleadings, and orders served on the defendant in the state action. The filing occurs in the federal district court embracing the pending state case.
The notice must be filed within thirty days after service of the initial pleading or summons, whichever is shorter. A separate one-year limit from commencement of the action also applies unless the plaintiff acted in bad faith to prevent removal.
Yes. All properly joined and served defendants must join or consent to the notice of removal when the basis is the general removal provision. Failure of a non-nominal defendant to consent renders the removal defective.
…long been associated with the displacement of blacks; "[i]n cities across the country, urban renewal came to be known as Negro removal.'" Pritchett, The "Public Menace" of Blight: Urban Renewal and the Private Uses of Eminent Domain, 21 Yale L. & Pol'y Rev. 1, 47 (2003). Over 97 percent of the individuals forcibly removed…