If a lawsuit is filed in state court, the defendant may remove the lawsuit to federal court if there is a basis for the federal court to have jurisdiction over the lawsuit—either because the plaintiff has alleged a violation of federal law (the U.S. Constitution, a federal statute, or a treaty to which the United States is a party), or because there is complete diversity of citizenship between the parties—meaning no plaintiff is a citizen of the same state as any defendant—whether the parties are persons or entities.
In Texas, as in other states, a defendant has the right to remove a lawsuit from state court to federal court under certain conditions. This is possible if the case involves a federal question, meaning the plaintiff's claim is based on a violation of the U.S. Constitution, a federal statute, or a treaty to which the United States is a party. Additionally, a case can be removed to federal court based on diversity jurisdiction, which requires that all plaintiffs are citizens of different states than all defendants, and the amount in controversy exceeds $75,000. The process of removal is governed by 28 U.S.C. § 1441 and other related statutes. The defendant must file a notice of removal in the federal court within 30 days of receiving the initial pleading or summons, and the case will proceed in federal court if the removal is successful. However, if the federal court finds that it does not have jurisdiction, the case will be remanded back to the state court.
