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

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§71, 114 (Mar. 3, 1911, ch. 231, §§28, 53, 36 Stat. 1094 , 1101; Jan. 20, 1914, ch. 11, 38 Stat. 278 ; Jan. 31, 1928, ch. 14, §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, §§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.

Federal Rules of Civil Procedure

Application of Rules of Civil Procedure, see rule 81, Appendix to this title.

Cross References

Asian Development Bank, removal of actions against, see section 285f of Title 22, Foreign Relations and Intercourse.

Citizenship of corporations for purposes of this section, see section 1332 of this title.

Federal reserve banks and banking transactions, removal of actions involving, see section 632 of Title 12, Banks and Banking.

Inter-American Development Bank, removal of actions against, see section 283f of Title 22, Foreign Relations and Intercourse.

International Finance Corporation, removal of actions against, see section 282f of Title 22.

International Monetary Fund and International Bank for Reconstruction and Development, removal of actions against, see section 286g of Title 22.

International or foreign banking, removal of suits arising out of, see section 632 of Title 12, Banks and Banking.

Securities Act, cases not removable, see section 77v of Title 15, Commerce and Trade.

Stay of State court proceedings, see section 2283 of this title.

Section Referred to in Other Sections

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