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Title 28 — Judiciary and Judicial Procedure

Part IV · Chapter 85 — District Courts; Jurisdiction

§ 1337. Commerce and antitrust regulations; amount in controversy, costs

Statutory text

(a)

The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 11706 or 14706 of title 49, only if the matter in controversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs.

(b)

Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.

(c)

The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 1337

    June 25, 1948, ch. 646, 62 Stat. 931

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 931

  2. Pub. L. 95–486 § 9(a) · 92 Stat. 1629

    1. Amended · 28 U.S.C. § 1337

      Pub. L. 95–486 designated existing provisions as subsec. (a)

    2. Inserted · 28 U.S.C. § 1337

      Pub. L. 95–486 inserted proviso giving the district courts original jurisdiction of actions brought under sections 20(11) and 219 of the Interstate Commerce Act when the amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs

    3. Added · 28 U.S.C. § 1337

      Pub. L. 95–486 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 95–486 designated existing provisions as subsec. (a), inserted proviso giving the district courts original jurisdiction of actions brought under sections 20(11) and 219 of the Interstate Commerce Act when the amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs, and added subsec. (b).

    Enacted provision · exact public law section
    (a) Section 1337 of title 28 of the United States Code is amended to read as follows: “§ 1337. Commerce and antitrust regulations; amount in controversy, costs “(a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against, restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319), only if the matter in con-troversy for each receipt or bill of lading exceeds $10,000, exclusive of interest and costs. “(b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319), originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of any interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.”.

  3. Customs Courts Act of 1980

    Pub. L. 96–417 title V § 505 · 94 Stat. 1727

    Added · 28 U.S.C. § 1337(c)

    Pub. L. 96–417 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–417 added subsec. (c).

    Enacted provision · exact public law section
    Sec. 505. Section 1337 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: “(c) The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under chapter 95 of this title.”. Ante, p. 1728.

  4. Pub. L. 97–449 § 5(f) · 96 Stat. 2413

    Substituted · 28 U.S.C. § 1337

    Pub. L. 97–449 substituted “section 11707 of title 49” for “section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 97–449 substituted “section 11707 of title 49” for “section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)” wherever appearing.

    Enacted provision · exact public law section
    (f) Section 1337 (a) and (b) of title 28, United States Code, is amended by striking out “section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)” and substituting “section 11707 of title 49”.

  5. ICC Termination Act of 1995

    Pub. L. 104–88 title III § 305(a)(3) · 109 Stat. 803

    Substituted · 28 U.S.C. § 1337(a); 28 U.S.C. § 1337(b)

    Pub. L. 104–88 substituted “11706 or 14706” for “11707”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 104–88 substituted “11706 or 14706” for “11707”.

    Enacted provision · exact public law section
    (3) in section 1337 by striking “11707” each place it appears and inserting in lieu thereof “11706 or 14706”; and

    Effective date note
    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 1301 of Title 49, Transportation.

6 of 7 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(8), (23) (Mar. 3, 1911, ch. 231, § 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22, 1913, ch. 32, 38 Stat. 219).

Words “civil action” were substituted for “suits”, in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

Editorial Notes

Amendments1978–1995 · 4 rounds

1995

Subsecs. (a), (b). Pub. L. 104–88 substituted “11706 or 14706” for “11707”.

1983

Pub. L. 97–449 substituted “section 11707 of title 49” for “section 20(11) of part I of the Interstate Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act (49 U.S.C. 319)” wherever appearing.

1980

Subsec. (c). Pub. L. 96–417 added subsec. (c).

1978

Pub. L. 95–486 designated existing provisions as subsec. (a), inserted proviso giving the district courts original jurisdiction of actions brought under sections 20(11) and 219 of the Interstate Commerce Act when the amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 effective , and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of this title.

Credits

1948–1995 · 5 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 931
  2. 1978Pub. L. 95–486, § 9(a), , 92 Stat. 1633
  3. 1980Pub. L. 96–417, title V, § 505, , 94 Stat. 1743
  4. 1983Pub. L. 97–449, § 5(f), , 96 Stat. 2442
  5. 1995Pub. L. 104–88, title III, § 305(a)(3), , 109 Stat. 944.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95–486, § 9(a), , 92 Stat. 1633; Pub. L. 96–417, title V, § 505, , 94 Stat. 1743; Pub. L. 97–449, § 5(f), , 96 Stat. 2442; Pub. L. 104–88, title III, § 305(a)(3), , 109 Stat. 944.)

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