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

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

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

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