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28 U.S.C. § 1441 — Removal of civil actions

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1441 — Removal of civil actions

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Source file: Laws/federal/codes/united-states-code/title-28/section-1441-removal-of-civil-actions--f00d6bf6a7.md
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Source location: Title 28, Chapter 89, § 1441; chapter-089-district-courts-removal-of-cases-from-state-courts.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim), 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://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1332/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1331&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1369&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1446&num=0&edition=prelim), 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) 11 So in original. [Section 1407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1407&num=0&edition=prelim) does not contain a subsec. (j). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1369&num=0&edition=prelim) 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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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1369 — Multiparty, multiforum jurisdiction

**(a) In General.—** The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if— (1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; (2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or (3) substantial parts of the accident took place in different States. **(b) Limitation of Jurisdiction of District Courts.—** The district court shall abstain from hearing any civil action described in subsection (a) in which— (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. **(c) Special Rules and Definitions.—** For purposes of this section— (1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in [section 1603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim); (2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or

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28 U.S.C. § 1445 — Nonremovable actions

**(a)** A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 ([45 U.S.C. 51–54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section51–54&num=0&edition=prelim), 55–60), may not be removed to any district court of the United States. **(b)** A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs. **(c)** A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States. **(d)** A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.

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28 U.S.C. § 1407 — Multidistrict litigation

**(a)** When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded. **(b)** Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose

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28 U.S.C. § 1331 — Federal question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

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28 U.S.C. § 1602 — Findings and declaration of purpose

The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.

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28 U.S.C. § 1332 — Diversity of citizenship; amount in controversy; costs

**(a)** The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between— (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in [section 1603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1603/a&num=0&edition=prelim), as plaintiff and citizens of a State or of different States. **(b)** Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff. **(c)** For the purposes of this section and [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1441&num=0&edition=prelim)— (1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principa

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28 U.S.C. § 1446 — Procedure for removal of civil actions

**(a) Generally.—** A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. **(b) Requirements; Generally.—** (1) The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter. (2) (A) When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action. (B) Each defendant shall have 30 days after receipt by or service on that defendant of the initial pleading or summons described in paragraph (1) to file the notice of removal. (C) If defendants are served at different times, and a later-served defendant files a notice of removal, any earlier-served defendant may consent to the removal even though that earlier-served defendant did not previously initiate or consent to removal. (3) Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the de

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50 U.S.C. § 1885a — Procedures for implementing statutory defenses

**(a) Requirement for certification** Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assistance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney General certifies to the district court of the United States in which such action is pending that— (1) any assistance by that person was provided pursuant to an order of the court established under [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim) directing such assistance; (2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; (3) any assistance by that person was provided pursuant to a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 1881a(i) of this title directing such assistance; (4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was— (A) in connection with an intelligence activity involving communications that was— (i) authorized by the President during the period beginning on September 11, 2001, and ending on January 17, 2007; and (ii) designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States; and (B) the subject of a written request or directive, or a series of written requests or directives, from the Attorney General or the head of an element of the intelligence community (or the deputy of such person) to the electronic communication service provider ind

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28 U.S.C. § 1441 — Removal of civil actions

Page 395 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1441 1 So in original. Does not conform to section catchline. § 1411. Jury trials (a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim. (b) The district court may order the issues arising under section 303 of title 11 to be tried without a jury. (Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 10, 1984, except that subsec. (a) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see sec- tion 122(a), (b) of Pub. L. 98–353, set out as a note under section 151 of this title. § 1412. Change of venue A district court may transfer a case or pro- ceeding under title 11 to a district court for an- other district, in the interest of justice or for the convenience of the parties. (Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title. § 1413. Venue of cases under chapter 5 of title 3 Notwithstanding the preceding provisions of this chapter, a civil action under section 1346(g) may be brought in the United States district court for the district in which the employee is employed or in the United States District Court for the District of Columbia. (Added Pub. L. 104–331, § 3(b)(2)(A), Oct. 26, 1996, 110 Stat. 4069.) E

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