separable controversy

separable controversy
sep·a·ra·ble controversy /'se-pə-rə-bəl-/ n: a separate and independent claim or cause of action that by itself is removable to the federal courts even though it is joined with others that are not removable
◇ If a case involves a separable controversy, the entire case may be removed and determined as a whole, or the court may remand those matters that were not removable and determine the rest.

Merriam-Webster’s Dictionary of Law. . 1996.

separable controversy
n.
A cause of action brought as part of a larger suit that could be separated and could stand alone as its own lawsuit, which can serve as a basis for removing the entire lawsuit from state to federal court.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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Look at other dictionaries:

  • separable controversy — A term of significance in reference to the removal of an action or suit from state to federal court. A cause of action, included in an action or suit in which more than one cause of action is asserted, which can be disentangled and separated from …   Ballentine's law dictionary

  • separable controversy — With respect to removal of case from state to federal court, 28 U.S.C.A. No. 1441(c) provides: Whenever a separate and independent claim or cause of action, which would be removable if sued upon alone, is joined with one or more otherwise non… …   Black's law dictionary

  • controversy — con·tro·ver·sy / kän trə ˌvər sēBrit alsokən trä vər sē/ n pl sies 1: a state of dispute or disagreement suits at common law, where the value in controversy shall exceed twenty dollars U.S. Constitution amend. VII 2: a civil action involving a… …   Law dictionary

  • separable — I adjective breakable, cleavable, detachable, divisible, partible, severable associated concepts: joint and separable liability, separability of arbitration, separable controversy, separable interest, separate provision II index divisible …   Law dictionary

  • separate controversy — See separable controversy …   Ballentine's law dictionary

  • remove — re·move /ri müv/ vb re·moved, re·mov·ing vt: to change the location, position, station, status, or residence of: as a: to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable… …   Law dictionary

  • separate and independent cause of action — See separable controversy …   Ballentine's law dictionary

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  • German language — German Deutsch Pronunciation [ˈdɔʏtʃ] Spoken in Primarily in German speaking Europe, as a minority language and amongst the German diaspora worldwide …   Wikipedia

  • Christian theology — The Prophetess Anna, Rembrandt, 1631 See also: History of Christian theology and Outline of Christian theology Christian doctrine redirects here. For the United States Court case known by that name, see G.L. Christian and associates v. US.… …   Wikipedia

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