Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 85 — District Courts; Jurisdiction
§ 1337. Commerce and antitrust regulations; amount in controversy, costs
Statutory text
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.
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.
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.
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. 931Pub. L. 95–486 § 9(a) · 92 Stat. 1629
Amended · 28 U.S.C. § 1337
Pub. L. 95–486 designated existing provisions as subsec. (a)
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
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.”.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.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”.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”; andEffective 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
- 1948June 25, 1948, ch. 646, 62 Stat. 931
- 1978Pub. L. 95–486, § 9(a), , 92 Stat. 1633
- 1980Pub. L. 96–417, title V, § 505, , 94 Stat. 1743
- 1983Pub. L. 97–449, § 5(f), , 96 Stat. 2442
- 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.)