separable controversy

separable controversy
With respect to removal of case from state to federal court, 28 U.S.C.A. No. 1441(c) provides: "Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, 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 not otherwise within its original jurisdiction." See American Fire & Casualty Company v. Finn, 341 U.S. 6, 71 S.Ct. 534, 95 L.Ed. 702

Black's law dictionary. . 1990.

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  • separable controversy — sep·a·ra·ble controversy / se pə rə bəl / n: a separate and independent claim or cause of action that by itself is removable to the federal courts even though it is joined with others that are not removable ◇ If a case involves a separable… …   Law dictionary

  • separable controversy — A term of significance in reference to the removal of an action or suit from state to federal court. A cause of action, included in an action or suit in which more than one cause of action is asserted, which can be disentangled and separated from …   Ballentine's law dictionary

  • controversy — con·tro·ver·sy / kän trə ˌvər sēBrit alsokən trä vər sē/ n pl sies 1: a state of dispute or disagreement suits at common law, where the value in controversy shall exceed twenty dollars U.S. Constitution amend. VII 2: a civil action involving a… …   Law dictionary

  • separable — I adjective breakable, cleavable, detachable, divisible, partible, severable associated concepts: joint and separable liability, separability of arbitration, separable controversy, separable interest, separate provision II index divisible …   Law dictionary

  • separate controversy — See separable controversy …   Ballentine's law dictionary

  • remove — re·move /ri müv/ vb re·moved, re·mov·ing vt: to change the location, position, station, status, or residence of: as a: to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable… …   Law dictionary

  • separate and independent cause of action — See separable controversy …   Ballentine's law dictionary

  • Judaism — /jooh dee iz euhm, day , deuh /, n. 1. the monotheistic religion of the Jews, having its ethical, ceremonial, and legal foundation in the precepts of the Old Testament and in the teachings and commentaries of the rabbis as found chiefly in the… …   Universalium

  • German language — German Deutsch Pronunciation [ˈdɔʏtʃ] Spoken in Primarily in German speaking Europe, as a minority language and amongst the German diaspora worldwide …   Wikipedia

  • Christian theology — The Prophetess Anna, Rembrandt, 1631 See also: History of Christian theology and Outline of Christian theology Christian doctrine redirects here. For the United States Court case known by that name, see G.L. Christian and associates v. US.… …   Wikipedia

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