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MMLU / A woman sued her former employer in state court, asserting age and sex…

Problem

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question

A woman sued her former employer in state court, asserting age and sex discrimination claims under both state and federal law. The woman's attorney had recently been embarrassed in court by the judge to whom the case was assigned. Wishing to avoid difficulties with the judge, the woman's attorney promptly removed the case to federal court on the basis of federal-question jurisdiction. The employer's attorney has timely moved to remand. How is the federal court likely to proceed?

choices

  1. Remand the entire case.
  2. Remand the state claims but keep the federal claims.
  3. Retain the case to avoid the risk of bias and impropriety in having it proceed before a judge who has shown clear hostility toward the woman's attorney.
  4. Retain the case, because it was timely removed and the woman alleges federal claims.

subject

professional_law

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