https://www.law.cornell.edu/uscode/text/28/1441
28 U.S. Code § 1441 - Removal of civil actions
* U.S. Code <https://www.law.cornell.edu/uscode/text/28/1441#tab_default_1>
* Notes <https://www.law.cornell.edu/uscode/text/28/1441#tab_default_2>
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(a) Generally.—
Except as otherwise expressly provided by Act of Congress, any civil action
brought in a State court
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of which the district courts of the United States
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have original jurisdiction, may be removed by the defendant or the defendants,
to the district court of the United States
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for the district and division embracing the place where such action is pending.
(b) Removal Based on Diversity of Citizenship.—
(1)
In determining whether a civil action is removable on the basis of the
jurisdiction under section 1332(a) of this
title<https://www.law.cornell.edu/uscode/text/28/1332#a>, the citizenship of
defendants sued under fictitious names shall be disregarded.
(2)
A civil action otherwise removable solely on the basis of the jurisdiction
under section 1332(a) of this
title<https://www.law.cornell.edu/uscode/text/28/1332#a> may not be removed if
any of the parties in interest properly joined and served as defendants is a
citizen of the State
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in which such action is brought.
(c) Joinder of Federal Law Claims and State Law Claims.—
(1) If a civil action includes—
(A)
a claim arising under the Constitution, laws, or treaties of the United
States<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-80204913-1054448233&term_occur=999&term_src=>
(within the meaning of section 1331 of this
title<https://www.law.cornell.edu/uscode/text/28/1331>), and
(B)
a claim not within the original or supplemental jurisdiction of the district
court or a claim that has been made nonremovable by statute,
the entire action may be removed if the action would be removable without the
inclusion of the claim described in subparagraph (B).
(2)
Upon removal of an action described in paragraph (1), the district court shall
sever from the action all claims described in paragraph (1)(B) and shall remand
the severed claims to the State
court<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=>
from which the action was removed. Only defendants against whom a claim
described in paragraph (1)(A) has been asserted are required to join in or
consent to the removal under paragraph (1).
(d) Actions Against Foreign States.—
Any civil action brought in a State
court<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=>
against a foreign state
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as defined in section 1603(a) of this
title<https://www.law.cornell.edu/uscode/text/28/1603#a> may be removed by the
foreign state
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to the district court of the United States
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for the district and division embracing the place where such action is
pending. Upon removal the action shall be tried by the court without jury.
Where removal is based upon this subsection, the time limitations of section
1446(b) of this chapter may be enlarged at any time for cause shown.
(e) Multiparty, Multiforum Jurisdiction.—
(1) Notwithstanding the provisions of subsection (b) of this section, a
defendant in a civil action in a State
court<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=>
may remove the action to the district court of the United States
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for the district and division embracing the place where the action is pending
if—
(A)
the action could have been brought in a United
States<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-80204913-1054448233&term_occur=999&term_src=>
district court under section 1369 of this
title<https://www.law.cornell.edu/uscode/text/28/1369>; or
(B)
the defendant is a party to an action which is or could have been brought, in
whole or in part, under section
1369<https://www.law.cornell.edu/uscode/text/28/1369> in a United States
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district court and arises from the same accident as the action in State
court,<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=title:28:part:IV:chapter:89:section:1441>
even if the action to be removed could not have been brought in a district
court as an original matter.
The removal of an action under this subsection shall be made in accordance with
section 1446 of this title<https://www.law.cornell.edu/uscode/text/28/1446>,
except that a notice of removal may also be filed before trial of the action in
State court
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within 30 days after the date on which the defendant first becomes a party to
an action under section 1369 in a United States
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district court that arises from the same accident as the action in State
court,<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=title:28:part:IV:chapter:89:section:1441>
or at a later time with leave of the district court.
(2)
Whenever an action is removed under this subsection and the district court to
which it is removed or transferred under section
1407(j)<https://www.law.cornell.edu/uscode/text/28/1407#j>
[1]<https://www.law.cornell.edu/uscode/text/28/1441#fn002067> has made a
liability determination requiring further proceedings as to damages, the
district court shall remand the action to the State court
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from which it had been removed for the determination of damages, unless the
court finds that, for the convenience of parties and witnesses and in the
interest of justice, the action should be retained for the determination of
damages.
(3)
Any remand under paragraph (2) shall not be effective until 60 days after the
district court has issued an order determining liability and has certified its
intention to remand the removed action for the determination of damages. An
appeal with respect to the liability determination of the district court may be
taken during that 60-day period to the court of appeals with appellate
jurisdiction over the district court. In the event a party files such an
appeal, the remand shall not be effective until the appeal has been finally
disposed of. Once the remand has become effective, the liability determination
shall not be subject to further review by appeal or otherwise.
(4)
Any decision under this subsection concerning remand for the determination of
damages shall not be reviewable by appeal or otherwise.
(5)
An action removed under this subsection shall be deemed to be an action under
section 1369 and an action in which jurisdiction is based on section 1369 of
this title<https://www.law.cornell.edu/uscode/text/28/1369> for purposes of
this section and sections 1407, 1697, and 1785 of this title.
(6)
Nothing in this subsection shall restrict the authority of the district court
to transfer or dismiss an action on the ground of inconvenient forum.
(f) Derivative Removal Jurisdiction.—
The court to which a civil action is removed under this section is not
precluded from hearing and determining any claim in such civil action because
the State
court<https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=28-USC-1383817500-1054448232&term_occur=999&term_src=>
from which such civil action is removed did not have jurisdiction over that
claim.
(June 25, 1948, ch. 646, 62 Stat.
937<https://www.law.cornell.edu/rio/citation/62_Stat._937>; Pub. L. 94–583, §
6<https://www.law.cornell.edu/rio/citation/Pub._L._94-583>, Oct. 21, 1976, 90
Stat. 2898<https://www.law.cornell.edu/rio/citation/90_Stat._2898>; Pub. L.
99–336, § 3(a)<https://www.law.cornell.edu/rio/citation/Pub._L._99-336>, June
19, 1986, 100 Stat.
637<https://www.law.cornell.edu/rio/citation/100_Stat._637>; Pub. L. 100–702,
title X, § 1016(a)<https://www.law.cornell.edu/rio/citation/Pub._L._100-702>,
Nov. 19, 1988, 102 Stat.
4669<https://www.law.cornell.edu/rio/citation/102_Stat._4669>; Pub. L. 101–650,
title III, § 312<https://www.law.cornell.edu/rio/citation/Pub._L._101-650>,
Dec. 1, 1990, 104 Stat.
5114<https://www.law.cornell.edu/rio/citation/104_Stat._5114>; Pub. L. 102–198,
§ 4<https://www.law.cornell.edu/rio/citation/Pub._L._102-198>, Dec. 9, 1991,
105 Stat. 1623<https://www.law.cornell.edu/rio/citation/105_Stat._1623>; Pub.
L. 107–273, div. C, title I, §
11020(b)(3)<https://www.law.cornell.edu/rio/citation/Pub._L._107-273>, Nov. 2,
2002, 116 Stat. 1827<https://www.law.cornell.edu/rio/citation/116_Stat._1827>;
Pub. L. 112–63, title I, §
103(a)<https://www.law.cornell.edu/rio/citation/Pub._L._112-63>, Dec. 7, 2011,
125 Stat. 759<https://www.law.cornell.edu/rio/citation/125_Stat._759>.)
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