Arbitration Privacy JusticiabilityDoctri
1) Did the Petitioner have any right to remove the case to the US federal Court in spite of the provisions of 28 U.S.C. § 1441(a) that limits right to such removal to "defendants" in view of her circumstances?
2) and 4) Since the case was filed under provisions of the Fair Credit Opportunity Act (15 U.S.C. § 1691 (FCOA or Regulation B, 12 C.F.R. § 1002) did the claims of the Respondent # 1 (District Judge Leonard P. Stark) have any legal validity that the district court "had no original jurisdiction" and that the Petitioner "did not raise federal claims"?
3) Does the 30-day limitation of 28 U.S.C. § 1446(b) apply to the Petitioner's case?
5) In view of the Petitioner's specific circumstances (i.e. never being able to enforce anti-discrimination laws in the State courts) did the Respondent # 1 have any basis for his claim that she "lacked an objectively reasonable basis for seeking removal"?
6) Petitioner not only attempted to remove her case to the US federal district court but also appealed the case in the State courts up to the Delaware Supreme. In view of that fact how valid are the Respondent's # 1 claims that "there is nothing left to remove in light of the fact that all claims were fully adjudicated in the CCP" and "final judgment may only be appealed, not removed to federal court"? Does the standard that Petitioner was unable to enforce her civil rights in State Courts because of national origin discrimination apply to her circumstances?
Whether the lower court erred in dismissing Petitioner's claims for lack of standing and failure to state a claim upon which relief can be granted