Can an action that was previously decided in a state court be removed to federal court?
MultiRegion, United States of America
The following excerpt is from Han v. General American Life Ins. Co., 978 F.2d 715 (9th Cir. 1992):
An action which is auxiliary to an action already decided in state court, however, may not be removed to federal court. See Bank v. Turnbull & Co., 83 U.S. 190, 195 (1872). An action is separate and independent unless it "could not have arisen but for the [original] judgment and execution" or unless satisfaction of the original complaint would extinguish the more recently filed action. Id.
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