C. (§6.35) Removed Actions, Supplemental Proceedings, and Supplemental Jurisdiction

• Library: Federal Civil Litigation in Oregon (OSBar) (2009 Ed.)

C. (§6.35) Removed Actions, Supplemental Proceedings, and Supplemental Jurisdiction

An action that is removed from state to federal court under 28 USC §1441 is removed to the federal district that encompasses the state. 28 USC §1441(a). By removing an action to federal court, a defendant waives the right to argue that venue is improper under 28 USC §1391, but the defendant may still seek to transfer venue to a more convenient forum under 28 USC §1404(a).

However, the general venue statutes, including section 1391, do not apply to cases that are removed to federal court from state court. Polizzi v. Cowles Magazines, Inc., 345 U.S. 663, 665-66, 97 L. Ed. 1331, 73 S. Ct. 900 (1953). Instead, venue of removed actions is controlled by the removal statute itself which specifically provides that the proper venue of a removed action is "the district of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. § 1441(a). And, a defendant's voluntary application for removal confers venue

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