Under what condition can a defendant remove an action originally brought in state court?

A defendant can remove an action originally brought in state court under specific conditions, primarily when the case involves a federal question or diversity of citizenship.

When a case involves a federal question, it means that a claim arises under the Constitution, laws, or treaties of the United States. This provides federal courts with jurisdiction to hear the case, and consequently, the defendant has the right to remove it from state court to federal court.

Diversity of citizenship occurs when the parties are citizens of different states and the amount in controversy exceeds $75,000. This jurisdictional requirement also allows a defendant to remove the case to federal court. It aims to ensure fairness in cases where the varying laws of different states could create a disadvantage for a party.

The other options do not provide valid grounds for removal. A plaintiff's agreement or both parties' consent to federal jurisdiction is not a prerequisite for removal; the right to remove lies primarily with the defendant based on jurisdictional grounds. Additionally, the one-year limitation for removal does not apply in this context, as it pertains to cases that were not removable at the outset but may have become removable later, particularly in diversity cases where all defendants must be citizens of the states in which the original action is brought.