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In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district. This is a general exception to the "well-pleaded complaint" rule giving the plaintiff the general authority to make the decision on the proper forum.

Removal is governed by statute, 28 U.S.C. §1441 et seq. Generally, a case may be removed if the original case could have been filed in federal court, but was not. Thus, removal requires an independent ground for jurisdiction such as diversity jurisdiction, federal question jurisdiction, or any other grant of federal jurisdiction.

A case having non-federal separate and independent claims may also be removed. By themselves, these issues would not be removable because they usually involve questions of state law. A court has the discretion to accept the case as a whole or remand those issues of state law.

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eriaNewsdesk: [DailyPost] We are not Going Back on Removal of Fuel Subsidy Protest; Pastor Tunde Bakare http://t.co/EyWVNWkZ
Mubi888 (Mubarak Manta) Sun, 05 Feb 2012 20:50:35 -0000
RT @NigeriaNewsdesk: [DailyPost] We are not Going Back on Removal of Fuel Subsidy Protest; Pastor Tunde Bakare http://t.co/EyWVNWkZ

 
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