Sec. 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.
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