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 Rhode Island, as in other states, a defendant has the right to remove a lawsuit from state court to federal court under certain conditions. This can occur 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. Additionally, a case can be removed to federal court on the basis of diversity jurisdiction, which requires that all plaintiffs are citizens of different states than all defendants, and the amount in controversy exceeds $75,000. It's important to note that the removal must be filed within 30 days of the defendant receiving the initial pleading that shows the case is removable, and the federal court must have subject matter jurisdiction over the case. If these conditions are met, the defendant can file a notice of removal in the federal court, which will then decide whether to accept the case. If the federal court accepts the case, it will proceed in federal court instead of state court.