The Unconstitutional Stub of Section 1441(c)

28 Pages Posted: 19 Nov 2011  

Douglas D. McFarland

Mitchell|Hamline School of Law

Date Written: January 1, 1993

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

Suggested Citation

McFarland, Douglas D., The Unconstitutional Stub of Section 1441(c) (January 1, 1993). Ohio State Law Journal, Vol. 54, p. 1059, 1993. Available at SSRN: https://ssrn.com/abstract=1955306

Douglas D. McFarland (Contact Author)

Mitchell|Hamline School of Law ( email )

875 Summit Ave.
Saint Paul, MN 55105
United States

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