What is the basis to bring the case back from federal to state court?
Lack of jurisdiction. In order to remove a disability policy case to federal court, the parties must be from different states, and the amount of the action must exceed $75,000.00. A case can be remanded to state court where you can show as the attorney that the matter filed was less than $75,000.00. In most cases, the parties are in two different states, i.e. the insurance company is in New York or Connecticut – which is where most of the disability insurance companies are located while the Plaintiff is a Florida resident.
