The Unconstitutional Stub of Section 1441(c)

Abstract

In its never-ending quest for truth, justice, the American way, and the reduction of the federal court caseload, Congress just keeps awhittlin’ and awhittlin’ at diversity jurisdiction. The knife cut deeply into separate claim removal jurisdiction in 1990. While a much-reduced federal question stub remains, no grain on constitutionality can be found in it. This article includes a brief history, the extent of a “claim or cause of action,” an analysis of American Fire & Casualty Co. v. Finn, an analysis of section 1441(c), the extent of a federal “case,” and blending section 1441 (c) and supplemental jurisdiction.

Keywords: 1441(c), claim removal jurisdiction, diversity jurisdiction, Osborn, Gibbs, American Fire & Casualty Co. v. Finn, separate claim or cause of action