Removal jurisdiction

In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right to make the decision on the proper forum. Removal occurs when a defendant files a "notice of removal" in the state court where the lawsuit is filed and the federal court to which the defendant would like to remove the case.

Removal is governed by statute, 28 U.S.C. § 1441 et seq. With rare exceptions, a case may be removed only if, at the time of the initial filing, the case could have been filed in federal court. Removal requires an independent ground for subject-matter jurisdiction such as diversity jurisdiction or federal question jurisdiction. A case must be removed to the federal district court that encompasses the state court where the action was initiated.

Once removed, the case can be transferred to, or consolidated in, another federal court, despite the plaintiff's original intended venue.

Ordinarily, defendants face no difficulty removing claims based on federal law if every defendant desires removal (the unanimity rule). Removal of claims under state law, even when a federal court indisputably has diversity jurisdiction, is more restricted. Except in certain class actions governed by the Class Action Fairness Act of 2005 (CAFA), a plaintiff can successfully object to removal in diversity actions if any defendant is a citizen of the forum state where the suit is taking place.

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