
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC1441]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART IV--JURISDICTION AND VENUE
 
     CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
 
Sec. 1441. Actions removable generally

    (a) Except as otherwise expressly provided by Act of Congress, any 
civil action brought in a State court of which the district courts of 
the United States have original jurisdiction, may be removed by the 
defendant or the defendants, to the district court of the United States 
for the district and division embracing the place where such action is 
pending. For purposes of removal under this chapter, the citizenship of 
defendants sued under fictitious names shall be disregarded.
    (b) Any civil action of which the district courts have original 
jurisdiction founded on a claim or right arising under the Constitution, 
treaties or laws of the United States shall be removable without regard 
to the citizenship or residence of the parties. Any other such action 
shall be removable only if none of the parties in interest properly 
joined and served as defendants is a citizen of the State in which such 
action is brought.
    (c) Whenever a separate and independent claim or cause of action 
within the jurisdiction conferred by section 1331 of this title is 
joined with one or more otherwise non-removable claims or causes of 
action, the entire case may be removed and the district court may 
determine all issues therein, or, in its discretion, may remand all 
matters in which State law predominates.
    (d) Any civil action brought in a State court against a foreign 
state as defined in section 1603(a) of this title may be removed by the 
foreign state to the district court of the United States 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) The court to which such civil action is removed is not precluded 
from hearing and determining any claim in such civil action because the 
State court from which such civil action is removed did not have 
jurisdiction over that claim.

(June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 94-583, Sec. 6, Oct. 21, 
1976, 90 Stat. 2898; Pub. L. 99-336, Sec. 3(a), June 19, 1986, 100 Stat. 
637; Pub. L. 100-702, title X, Sec. 1016(a), Nov. 19, 1988, 102 Stat. 
4669; Pub. L. 101-650, title III, Sec. 312, Dec. 1, 1990, 104 Stat. 
5114; Pub. L. 102-198, Sec. 4, Dec. 9, 1991, 105 Stat. 1623.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 71, 114 (Mar. 3, 1911, 
ch. 231, Secs. 28, 53, 36 Stat. 1094, 1101; Jan. 20, 1914, ch. 11, 38 
Stat. 278; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).
    Section consolidates removal provisions of sections 71 and 114 of 
title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities and 
conflicts of decisions.
    Phrases such as ``in suits of a civil nature, at law or in equity,'' 
the words ``case,'' ``cause,'' ``suit,'' and the like have been omitted 
and the words ``civil action'' substituted in harmony with Rules 2 and 
81(c) of the Federal Rules of Civil Procedure.
    Ambiguous phrases such as ``the District Court of the United States 
for the proper district'' have been clarified by the substitution of the 
phrase ``the district and division embracing the place where such action 
is pending.'' (See General Investment Co. v. Lake Shore & M.S. Ry. Co., 
1922, 43 S.Ct. 107, 112, 260 U.S. 261, 67 L.Ed. 244 and cases cited 
therein.)
    All the provisions with reference to removal of controversies 
between citizens of different States because of inability, from 
prejudice or local influence, to obtain justice, have been discarded. 
These provisions, born of the bitter sectional feelings engendered by 
the Civil War and the Reconstruction period, have no place in the 
jurisprudence of a nation since united by three wars against foreign 
powers. Indeed, the practice of removal for prejudice or local influence 
has not been employed much in recent years.
    Subsection (c) has been substituted for the provision in section 71 
of title 28, U.S.C., 1940 ed., ``and when in any suit mentioned in this 
section, there shall be a controversy which is wholly between citizens 
of different States, and which can be fully determined as between them, 
then either one or more of the defendants actually interested in such 
controversy may remove said suit into the district court of the United 
States.''
    This quoted language has occasioned much confusion. The courts have 
attempted to distinguish between separate and separable controversies, a 
distinction which is sound in theory but illusory in substance. (See 41 
Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.)
    Subsection (c) permits the removal of a separate cause of action but 
not of a separable controversy unless it constitutes a separate and 
independent claim or cause of action within the original jurisdiction of 
United States District Courts. In this respect it will somewhat decrease 
the volume of Federal litigation.
    Rules 18, 20, and 23 of the Federal Rules of Civil Procedure permit 
the most liberal joinder of parties, claims, and remedies in civil 
actions. Therefore there will be no procedural difficulty occasioned by 
the removal of the entire action. Conversely, if the court so desires, 
it may remand to the State court all nonremovable matters.
    The provisions of section 71 of title 28, U.S.C., 1940 ed., with 
respect to removal of actions under the Federal Employer's Liability Act 
(U.S.C., 1940 ed., title 45, Railroads, Secs. 51-60) and actions against 
a carrier for loss, damage, or delay to shipments under section 20 of 
title 49, U.S.C., 1940 ed., Transportation, are incorporated in section 
1445 of this title.


                               Amendments

    1991--Subsec. (c). Pub. L. 102-198 struck out comma after ``title'' 
and substituted ``may'' for ``may may'' before ``remand''.
    1990--Subsec. (c). Pub. L. 101-650 substituted ``within the 
jurisdiction conferred by section 1331 of this title'' for ``, which 
would be removable if sued upon alone'' and ``may remand all matters in 
which State law predominates'' for ``remand all matters not otherwise 
within its original jurisdiction''.
    1988--Subsec. (a). Pub. L. 100-702 inserted at end ``For purposes of 
removal under this chapter, the citizenship of defendants sued under 
fictitious names shall be disregarded.''
    1986--Subsec. (e). Pub. L. 99-336 added subsec. (e).
    1976--Subsec. (d). Pub. L. 94-583 added subsec. (d).


                    Effective Date of 1986 Amendment

    Section 3(b) of Pub. L. 99-336 provided that: ``The amendment made 
by this section [amending this section] shall apply with respect to 
claims in civil actions commenced in State courts on or after the date 
of the enactment of this section [June 19, 1986].''


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976, 
see section 8 of Pub. L. 94-583, set out as an Effective Date note under 
section 1602 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1332 of this title; title 33 
section 1323.
