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28 U.S. Code Section 1441 – Removal generally

(through July 14, 2022)

(a) Generally.—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.

(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, 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 may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State 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 (within the meaning of section 1331 of this title), 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 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 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) Multiparty, Multiforum Jurisdiction.—(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States 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 district court under section 1369 of this title; 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 in a United States district court and arises from the same accident as the action in State court, 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, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in State court, 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) [1] has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court 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 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 from which such civil action is removed did not have jurisdiction over that claim.

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– Table of Contents –

Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

U.S. Code

FRCP

  • Rule 3 – Commencing an action
  • Rule 4 – Summons
  • Rule 6 – Computing and extending time
  • Rule 7 – Pleadings allowed
  • Rule 8 – General pleading rules
  • Rule 9 – Pleading special matters
  • Rule 10 – Form of pleadings
  • Rule 11 – Signing pleadings, motions, and other papers
  • Rule 12 – Defenses and objections
  • Rule 13 – Counterclaim and crossclaim
  • Rule 14 – Third-party practice
  • Rule 15 – Amended and supplemental pleadings
  • Rule 16 – Pretrial conferences, scheduling, management
  • Rule 19 – Required joinder of parties
  • Rule 20 – Permissive joinder of parties
  • Rule 22 – Interpleader
  • Rule 23 – Class actions
  • Rule 24 – Intervention
  • Rule 25 – Substitution
  • Rule 26 – Duty to disclose
  • Rule 30 – Depositions by oral examination
  • Rule 31 – Depositions by written questions
  • Rule 33 – Interrogatories
  • Rule 34 – Producing documents, electronically stored information, and tangible things
  • Rule 35 – Physical and mental examinations
  • Rule 36 – Requests for admission
  • Rule 37 – Failure to make disclosures or to cooperate in discovery
  • Rule 38 – Right to a jury trial
  • Rule 41 – Dismissal of actions
  • Rule 42 – Consolidation; separate trials
  • Rule 45 – Subpoena
  • Rule 47 – Selecting jurors
  • Rule 48 – Number of jurors; verdict; polling
  • Rule 49 – Special verdict; general verdict and questions
  • Rule 50 – Judgment as a matter of law in a jury trial
  • Rule 51 – Instructions to the jury; objections; preserving a claim of error
  • Rule 52 – Findings and conclusions by the court; judgment on partial findings
  • Rule 54 – Judgment, costs
  • Rule 55 – Default
  • Rule 56 – Summary judgment
  • Rule 59 – New trial; altering or amending a judgment
  • Rule 60 – Relief from a judgment or order
  • Rule 65 – Injunctions and restraining orders

FRAP