removal

removal

Removal allows a defendant to remove a case originally brought in state court to a federal court that would have originally had an independent ground of subject matter jurisdiction.

Statute

(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.
...
(f) 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.
28 USC 1441

Mechanics

(1) Under 28 USC 1441(e) (omitted), removal has technically occurred as soon as the notice of removal is filed with the clerk (which must be done within 30 days of the beginning of the action).
(2) The well-pleaded complaint rule applies (see diversity jurisdiction), so that for example a nondiverse defendant cannot remove a case based off a federal law defense (ex. a preemption defense).
(3) Only the defendant can remove. Furthermore, under 28 USC 1441(b), a claim without original federal question jurisdiction can be removed if "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." Thus, a MI defendant sued by an IL plaintiff in MI state court could not remove the case to federal court without original federal question jurisdiction.
(4) Under 28 USC 1441(c), a court has discretion whether to allow removal of a case including one removable claim with original federal question jurisdiction, or to "remand all matters in which State law predominates." Notice that 28 USC 1367 (see federal supplemental jurisdiction) also applies to jurisdiction over additional claims; 1441 refers to removal where a "separate and independent" removable claim is joined with nonremovable claims, which seems to contradict 1367(b) and the "common nucleus of operative fact" test in United Mine Workers of America v Gibbs.

Note that under [Van Dusen v Barrack], a suit subject to removal by defendants to another forum still requires the use of the first state's choice-of-law provisions.

Note also that class action suits are governed alternatively by 28 USC 1453.

Cases
[Shamrock Oil and Gas v Sheets] (a plaintiff cannot remove a state court action to federal court because the defendant had interposed a counterclaim, on grounds that he has already submitted himself to jurisdiction of the state court)