Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 7 (2002)

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34

SYNGENTA CROP PROTECTION, INC. v. HENSON

Opinion of the Court

tained jurisdiction over the Price settlement, thus distinguishing Kokkonen v. Guardian Life Ins. Co. of America, 511 U. S. 375 (1994), in which we found ancillary jurisdiction lacking. They argue that respondent's maintenance of the Henson action undermined the Price settlement and that, in light of the Alabama court's retained jurisdiction, ancillary enforcement jurisdiction was necessary and appropriate.* But they fail to explain how the Alabama District Court's retention of jurisdiction over the Price settlement authorized removal of the Henson action. Removal is governed by statute, and invocation of ancillary jurisdiction, like invocation of the All Writs Act, does not dispense with the need for compliance with statutory requirements.

Read in light of the question presented in the petition for certiorari, perhaps petitioners' argument is that ancillary jurisdiction authorizes removal under 28 U. S. C. § 1441. As we explained in Peacock, however, a "court must have jurisdiction over a case or controversy before it may assert jurisdiction over ancillary claims." 516 U. S., at 355. Ancillary jurisdiction, therefore, cannot provide the original jurisdiction that petitioners must show in order to qualify for removal under § 1441.

Section 1441 requires that a federal court have original jurisdiction over an action in order for it to be removed from a state court. The All Writs Act, alone or in combination with the existence of ancillary jurisdiction in a federal court, is not a substitute for that requirement. Accordingly, the judgment of the Court of Appeals is

Affirmed.

*Petitioners' assertion that removal was "necessary" is unpersuasive on its own bottom. One in petitioners' position may apply to the court that approved a settlement for an injunction requiring dismissal of a rival action. Petitioners could also have sought a determination from the Louisiana state court that respondent's action was barred by the judgment of the Alabama District Court.

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