separable controversy

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 the other cause or causes of action and fully adjudicated separately. Anno: 110 ALR 189; 19 ALR2d 748. Necessitating a suit capable of separation into parts, so that in one of the parts a controversy may be presenting by one party and fully decided and determined without the presence of the other parties on the same side with him before the removal of the cause. Anno: 110 ALR 189. A separable controversy is no longer an adequate ground for removal of a case from a state to a federal court unless it also constitutes a separate and independent claim or cause of action. The concept of "separate cause of action" restricts removal more than the concept of "separable controversy." In a suit covering multiple parties or issues based on a single claim there may be only one cause of action and yet be separable controversies. American Fire & Casualty Co. v Finn, 341 US 6, 95 L Ed 702, 71 S Ct 534, 19 ALR2d 738.

Ballentine's law dictionary. . 1998.

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  • 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… …   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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