28-U.S.C.-1445
§1445 – Nonremovable Actions
Pathway
Title 28 > Part IV > Chapter 89 > Section 1445
Details
- Reference: Section 1445
- Legend: §1445 – Nonremovable Actions
- USCode Year: 2013
Provision Content
(a) A civil action in any State court against a railroad or its receivers or trustees, arising under sections 1–4 and 5–10 of the Act of April 22, 1908 (45 U.S.C. 51–54, 55–60), may not be removed to any district court of the United States.
(b) A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under section 11706 or 14706 of title 49, may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.
(c) A civil action in any State court arising under the workmens compensation laws of such State may not be removed to any district court of the United States.
(d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
(June 25, 1948, ch. 646, 62 Stat. 939; Pub. L. 85–554, §5, July 25, 1958, 72 Stat. 415; Pub. L. 95–473, §2(a)(3)(A), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 95–486, §9(b), Oct. 20, 1978, 92 Stat. 1634; Pub. L. 103–322, title IV, §40302(e)(5), Sept. 13, 1994, 108 Stat. 1942; Pub. L. 104–88, title III, §305(b), Dec. 29, 1995, 109 Stat. 944; Pub. L. 104–287, §3, Oct. 11, 1996, 110 Stat. 3388.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §71 (Mar. 3, 1911, ch. 231, §28, 36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54).
The words or its receivers or trustees were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under section 1442 of this title when filed against court receivers or trustees.
This was the unquestioned rule prior to the act of Aug. 23, 1916, ch. 399, 39 Stat. 532, amending section 76 of title 28, U.S.C., 1940 ed., and permitting removal of actions against officers of United States courts. The cases are in conflict as to whether under that amendment the case becomes removable when the carrier is in receivership or undergoing reorganization. The revised section resolves the conflict by denying the right of removal to receivers and trustees where it would be nonexistent if the carrier were the party defendant. Thus the subject matter rather than legalistic distinctions as to the identity of the parties is made determinative consideration.
A reference in section 71 of title 28, U.S.C., 1940 ed., to sections 51–59 of title 45, U.S.C., 1940 ed., Railroads, was changed to 51–60. Such sections 51–59 embraced all of chapter 2 of said title 45 when the law on which such section 71 is based was enacted, but a new section (60) was added in 1939.
Other provisions of section 71 of title 28, U.S.C., 1940 ed., appear in section 1441 of this title.
Changes were made in phraseology.
References in Text
Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is classified to section 13981 of Title 42, The Public Health and Welfare.
Amendments
1996—Subsec. (a). Pub. L. 104–287 substituted sections 1–4 and 5–10 of the Act of April 22, 1908 (45 U.S.C. 51–54, 55–60) for sections 51–60 of Title 45.
1995—Subsec. (b). Pub. L. 104–88 substituted carrier for common carrier and 11706 or 14706 for 11707.
1994—Subsec. (d). Pub. L. 103–322 added subsec. (d).
1978—Subsec. (b). Pub. L. 95–486 substituted $10,000 for $3,000.
Pub. L. 95–473 substituted section 11707 of title 49 for section 20 of Title 49.
1958—Pub. L. 85–554 substituted Nonremovable actions for Carriers; nonremovable actions in section catchline and added subsec. (c).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of Title 49, Transportation.
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–554 applicable only in the case of actions commenced after July 25, 1958, see section 3 of Pub. L. 85–554, set out as a note under section 1331 of this title.
U.S. Encyclopedia of Law Coverage
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