Legal Definitions - separable controversy

A "separable controversy" refers to a distinct and independent dispute or claim contained within a larger lawsuit. This part of the lawsuit could potentially be resolved on its own, often by a different court (such as a federal court), even if the other parts of the lawsuit remain in the original court.

This concept is particularly relevant in the context of court jurisdiction, especially when determining whether a case, or a specific part of it, can be "removed" from a state court to a federal court. If a federal court can resolve a clearly defined and self-contained portion of a larger state court case, that distinct portion might be considered a separable controversy, potentially allowing for its transfer or influencing the transfer of the entire case.

• Example 1: Federal Environmental Claim within a State Contract Dispute

  Imagine a local government sues a construction company in state court for breach of contract related to a public works project. Within the same lawsuit, the government also alleges that the construction company violated a specific federal environmental protection statute during the project. The claim regarding the violation of the federal environmental statute is a separable controversy because it involves a federal question that could be independently heard in a federal court, even if the breach of contract claim remains a matter of state law.

• Example 2: Product Liability Against an Out-of-State Manufacturer

  A homeowner in Oregon files a lawsuit in an Oregon state court against their local contractor for faulty installation of a new roof (a state law claim). In the same lawsuit, the homeowner also includes a claim against the national roofing material manufacturer, based in Ohio, alleging that the materials themselves were defective (another state law claim, but against a diverse party). If the claim against the Ohio-based manufacturer meets the federal court's monetary threshold and involves parties from different states (diversity of citizenship), it could be considered a separable controversy. This distinct claim might allow for its removal to federal court, even if the claim against the local Oregon contractor does not meet federal jurisdiction requirements or involves non-diverse parties.

• Example 3: Federal Copyright Infringement in a Business Dispute

  A small business owner sues a former employee in state court, alleging both breach of a non-compete agreement (a state law claim) and infringement of a federally registered copyright for marketing materials the employee allegedly copied. The claim for copyright infringement, being based on federal intellectual property law, represents a separable controversy. This is because it arises under federal law and could be independently adjudicated in a federal court, separate from the state-law claim for breach of the non-compete agreement.