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What is the time limit for removal to federal court?

Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal.

What is a petition for removal?

If a party feels it will suffer substantial prejudice of irreparable harm from a non-final order of a workers compensation judge, it may file a petition for removal.

What is a petition for removal in workers comp?

A Petition for Removal of a case from a Judge to the Board is an extraordinary remedy, generally available only when a party has established that substantial prejudice or irreparable injury will result if removal is not granted. Swedlow, Inc. v. W.C.A.B. (Smith) (1983) 48 Cal.

What happens after removal to federal court?

After removal, the state court no longer has jurisdiction over the lawsuit. A plaintiff can move the federal court to remand the case to state court, but the state court otherwise has no further involvement.

What are the bases for removal to federal court?

The two most common grounds are diversity of citizenship and federal question jurisdiction. If the parties are citizens of different states, and the defendant does not reside in the state where the suit is brought, he may remove the case to federal court.

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Do all defendants need to consent to removal?

All co-defendants who have been served with summons and complaint must consent to removal of a case before it can be removed. This can impose a docHub hurdle, particularly if you are under docHub time pressure to get a case removed.

What is a petition for reconsideration workers compensation?

File a petition for reconsideration to appeal a decision by a workers compensation judge. The local district office of the Workers Compensation Appeals Board (WCAB) that issued the decision must get your petition within 20 days from the date the decision was issued.

Can you terminate someone on workers comp in California?

While you do have legal rights and protections under California law from being dismissed because of injuries or disabilities related to your work injury, being on workers compensation does not protect you from being fired or laid off.

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Do all defendants need to consent to removal?

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Got questions?

What is the time limit for removal to federal court?

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What is a petition for removal in workers comp?

What happens after removal to federal court?

What are the bases for removal to federal court?

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Do all defendants need to consent to removal?

What is a petition for reconsideration workers compensation?

Can you terminate someone on workers comp in California?

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