358 Business Torts and Unfair Competition Hand book
The remaining three sections explain what types of cases cannot
provide definitions allowing for removal from the
Superior Court of the District of Columbia,
and address removal
of criminal prosecutions.
B. Removal under Section 1441
Section 1441 was extensively revised by the Federal Courts
Jurisdiction and Venue Clarification Act of 2011 (FCJ-VC Act).
revised, the section provides in pertinent part:
(a) GENERALLY.—Except as otherwise expressly p rovided by Act
of Congress, any ci vil 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.
(b) REMOVAL BASED ON DIVERSITY OF CITIZENSHIP.—(1) In
determining whether a civil action is removable on t he basis of the
jurisdiction under section 1332( a) of this title, the citizenship o f
defendants sued under fictitious names shall be disregarded.
(2) A civil action other wise removable solely on the basis of the
jurisdiction under section 1332(a) of this title may not be removed if
any of the parties in interest properly jo ined and served as defendants is
a citizen of the State in which such action is brought.
specific action nonremovable. See, e.g., 15 U.S.C. § 77v(a).
. Pub. L. No. 112-63, 125 Stat. 758. The FCJ-VC Act also made two
expressly bars district courts from treating resident aliens as citizens of
the state in which they are domiciled, and subsection (c)(1) provides a
more detailed description of when a corporation or insurer is deemed to
be a citizen of a State or foreign state.
of federal law claims with either state law or nonremo vable claims.
See infra text at note 63. Title 28 U.S.C. § 1441(d)-(e) respectively
address actions a gainst foreign state s, and actions invo lving certain
sudden fatal accid ents or natural events culminating in fatal accidents.
jurisdiction for cases removed pursuant to Section 1441. See infra text at