§ 1441. Removal of civil actions

Footnotes

1. 1 So in original. Section 1407 of this title does not contain a subsec. (j).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 1441

   June 25, 1948, ch. 646, 62 Stat. 937

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 937

2. 1976

   Foreign Sovereign Immunities Act of 1976

   Pub. L. 94–583 § 6 · 90 Stat. 2891

   Added · 28 U.S.C. § 1441(d)

   Pub. L. 94–583 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–583 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 6. That section 1441 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(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 28 USC 1446. section 1446(b) of this chapter may be enlarged at any time for cause shown.”.

3. 1986

   Pub. L. 99–336 § 3(a) · 100 Stat. 633

   Added · 28 U.S.C. § 1441(e)

   Pub. L. 99–336 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–336 added subsec. (e).

   Enacted provision · exact public law section
   (a) Section 1441 Amendment.— Section 1441 of title 28, United States Code, is amended by adding at the end the following new subsection: “(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.”.

4. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 title X § 1016(a) · 102 Stat. 4642

   Inserted · 28 U.S.C. § 1441(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Actions Removable Generally.— Section 1441(a) is amended by adding at the end thereof the following new sentence: “For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.”.

5. 1990

   Federal Courts Study Committee Implementation Act of 1990

   Pub. L. 101–650 title III § 312 · 104 Stat. 5089

   1. Substituted · 28 U.S.C. § 1441(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”

   2. Substituted · 28 U.S.C. § 1441(c)

      Pub. L. 101–650 substituted “may remand all matters in which State law predominates” for “remand all matters not otherwise within its original jurisdiction”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SEC. 312. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS. Section 1441(c) of title 28, United States Code, is amended— (1) by striking out “, which would be removable if sued upon alone” and inserting in lieu thereof “within the jurisdiction conferred by section 1331 of this title”; and (2) by striking out “remand all matters not otherwise within its original jurisdiction” and inserting in lieu thereof “may remand all matters in which State law predominates”.

6. 1991

   Pub. L. 102–198 § 4 · 105 Stat. 1623

   1. Struck · 28 U.S.C. § 1441(c)

      Pub. L. 102–198 struck out comma after “title”

   2. Substituted · 28 U.S.C. § 1441(c)

      Pub. L. 102–198 substituted “may” for “may may” before “remand”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–198 struck out comma after “title” and substituted “may” for “may may” before “remand”.

   Enacted provision · exact public law section
   SEC. 4. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS. Section 1441(c) of title 28, United States Code, as amended by section 312 of the Judicial Improvements Act of 1990, is amended by— (1) striking the comma after “title”; and (2) striking “may may” and inserting “may”.

7. 2002

   Multiparty, Multiforum Trial Jurisdiction Act of 2002

   Pub. L. 107–273 div. C title I § 11020(b)(3) · 116 Stat. 1758

   1. Added · 28 U.S.C. § 1441(e); 28 U.S.C. § 1441(f)

      Pub. L. 107–273 added subsec. (e)

   2. Redesignated · 28 U.S.C. § 1441(e); 28 U.S.C. § 1441(f)

      Pub. L. 107–273 redesignated former subsec. (e) as (f)

   3. Substituted · 28 U.S.C. § 1441(e); 28 U.S.C. § 1441(f)

      Pub. L. 107–273 substituted “The court to which a civil action is removed under this section” for “The court to which such civil action is removed”

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 107–273 added subsec. (e), redesignated former subsec. (e) as (f), and substituted “The court to which a civil action is removed under this section” for “The court to which such civil action is removed”.

   Enacted provision · exact public law section
   (3) Removal of actions.— Section 1441 of title 28, United States Code, is amended— (A) in subsection (e) by striking “(e) The court to which such civil action is removed” and inserting “(f) The court to which a civil action is removed under this section”; and (B) by inserting after subsection (d) the following new subsection: “(e) (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) 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.”.

8. 2011

   Federal Courts Jurisdiction and Venue Clarification Act of 2011

   Pub. L. 112–63 § 103(a)(1) · 125 Stat. 759

   Substituted · 28 U.S.C. § 1441

   Pub. L. 112–63, § 103(a)(1), substituted “Removal of civil actions” for “Actions removable generally” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–63, § 103(a)(1), substituted “Removal of civil actions” for “Actions removable generally” in section catchline.

   Enacted provision · exact public law section
   (1) The section heading is amended by striking “Actions removable generally” and inserting “Removal of civil actions”.

   Effective date note
   Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

9. 2011

   Federal Courts Jurisdiction and Venue Clarification Act of 2011

   Pub. L. 112–63 § 103(a)(2) · 125 Stat. 759

   Struck and inserted · 28 U.S.C. § 1441(a)

   Pub. L. 112–63, § 103(a)(2), inserted heading and in text struck out at end “For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 112–63, § 103(a)(2), inserted heading and in text struck out at end “For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.”

   Enacted provision · exact public law section
   (2) Subsection (a) is amended— (A) by striking “(a) Except” and inserting “(a) Generally.—Except”; and (B) by striking the last sentence;

   Effective date note
   Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

10. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 103(a)(3) · 125 Stat. 759

    Amended · 28 U.S.C. § 1441(b)

    Pub. L. 112–63, § 103(a)(3), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–63, § 103(a)(3), amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (3) Subsection (b) is amended to read as follows: “(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.” .

    Effective date note
    Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

11. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 103(a)(4) · 125 Stat. 759

    Amended · 28 U.S.C. § 1441(c)

    Pub. L. 112–63, § 103(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–63, § 103(a)(4), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (4) Subsection (c) is amended to read as follows: “(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).” .

    Effective date note
    Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

12. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 103(a)(5) · 125 Stat. 759

    Inserted · 28 U.S.C. § 1441(d)

    Pub. L. 112–63, § 103(a)(5), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–63, § 103(a)(5), inserted heading.

    Enacted provision · exact public law section
    (5) Subsection (d) is amended by striking “(d) Any” and inserting “(d) Actions Against Foreign States.—Any”.

    Effective date note
    Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

13. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 103(a)(6) · 125 Stat. 759

    Inserted · 28 U.S.C. § 1441(e)

    Pub. L. 112–63, § 103(a)(6), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 112–63, § 103(a)(6), inserted heading.

    Enacted provision · exact public law section
    (6) Subsection (e) is amended by striking “(e)(1) Notwithstanding” and inserting “(e) Multiparty, Multiforum Jurisdiction.—(1) Notwithstanding”.

    Effective date note
    Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

14. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 103(a)(7) · 125 Stat. 759

    Inserted · 28 U.S.C. § 1441(f)

    Pub. L. 112–63, § 103(a)(7), inserted heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–63, § 103(a)(7), inserted heading.

    Enacted provision · exact public law section
    (7) Subsection (f) is amended by striking “(f) The court” and inserting “(f) Derivative Removal Jurisdiction.—The court”.

    Effective date note
    Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

17 of 18 references resolved to an enrolled provision · 1 partial