Circuit split · civil procedure
Whether a third-party defendant may remove a case to federal court under 28 U.S.C. § 1441(c)
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Fifth Circuit Court of Appeals · May 28, 1998
“Carl Heck Engineers Although there is a split among the circuits on the point, this court has held that a third-party indemnity defendant may remove a case to federal court pursuant to § 1441(c).” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
28 U.S.C. § 1441 — Actions removable generally
“(a) Generally.— Except as otherwise expressly provided by Act of Congress, any civil 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 the basis of the jurisdiction under section 1332(a) of this title , the …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 5th Cir.Carl Heck Engineers v. Lafourche Parish Police Jury622 F.2d 133
What the split turns on
- Doctrines & tests:
- well-pleaded complaint rule
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.