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28 USC Sec. 1441 01/02/01
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TITLE 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART IV – JURISDICTION AND VENUE
CHAPTER 89 – DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
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Sec. 1441. Actions removable generally
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(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.
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(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.)