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Title 28 — Judiciary and Judicial Procedure

Part IV · Chapter 89 — District Courts; Removal of Cases from State Courts

§ 1445. Nonremovable actions

Statutory text

(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 (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 workmen’s 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.

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. § 1445

    June 25, 1948, ch. 646, 62 Stat. 939

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 939

  2. Pub. L. 85–554 § 5 · 72 Stat. 415

    1. Substituted · 28 U.S.C. § 1445

      Pub. L. 85–554 substituted “Nonremovable actions” for “Carriers; nonremovable actions” in section catchline

    2. Added · 28 U.S.C. § 1445

      Pub. L. 85–554 added subsec. (c)

    Source evidence

    Code amendment note
    Pub. L. 85–554 substituted “Nonremovable actions” for “Carriers; nonremovable actions” in section catchline and added subsec. (c).

    Enacted provision · exact public law section
    Sec. 5. (a) Section 1445 of title 28 of the United States Code is State courts. Nonremoval actions. 62 Stat. 939. amended by adding at the end thereof a new paragraph as follows: “(c) A civil action in any State court arising under the workmen’s compensation laws of such State may not be removed to any district court of the United States.” (b) The caption at the beginning of such section, and the reference to such section in the analysis at the beginning of chapter 89 of title 28, are amended by striking out “Carriers; nonremovable actions” and inserting in lieu thereof “Nonremovable actions”.

  3. Pub. L. 95–473 § 2(a)(3)(A) · 92 Stat. 1337

    Substituted · 28 U.S.C. § 1445(b)

    Pub. L. 95–473 substituted “section 11707 of title 49” for “section 20 of Title 49”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 95–473 substituted “section 11707 of title 49” for “section 20 of Title 49”.

    Enacted provision · exact public law section
    (A) by striking out of section 1445(b) “section 20 of Title 49” and substituting “section 11707 of title 49”;

  4. Pub. L. 95–486 § 9(b) · 92 Stat. 1629

    Substituted · 28 U.S.C. § 1445(b)

    Pub. L. 95–486 substituted “$10,000” for “$3,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–486 substituted “$10,000” for “$3,000”.

    Enacted provision · exact public law section
    (b) Subsection (b) of section 1445, of title 28 of the United States Code is amended by striking out “$3,000” and inserting in lieu thereof “$10,000”.

  5. Civil Rights Remedies for Gender-Motivated Violence Act

    Pub. L. 103–322 title IV § 40302(e)(5) · 108 Stat. 1796

    Added · 28 U.S.C. § 1445(d)

    Pub. L. 103–322 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–322 added subsec. (d).

    Enacted provision · exact public law section
    (5) Limitation on removal.— Section 1445 of title 28, United States Code, is amended by adding at the end the following new subsection: “(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.”.

  6. ICC Termination Act of 1995

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

    1. Substituted · 28 U.S.C. § 1445(b)

      Pub. L. 104–88 substituted “carrier” for “common carrier”

    2. Substituted · 28 U.S.C. § 1445(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–88 substituted “carrier” for “common carrier” and “11706 or 14706” for “11707”.

    Enacted provision · exact public law section
    (b) Section 1445.— Section 1445(b) of such title is amended— (1) by striking “common”; and (2) by striking “11707” and inserting in lieu thereof “11706 or 14706”.

  7. Pub. L. 104–287 § 3 · 110 Stat. 3388

    Substituted · 28 U.S.C. § 1445(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 3. TITLE 28, UNITED STATES CODE. In section 1445(a) of title 28, United States Code, strike “sections 51-60 of Title 45” and substitute “sections 1–4 and 5–10 of the Act of April 22, 1908 (45 U. S. C. 51–54, 55–60)”.

    Effective date note
    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.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

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.

Editorial Notes

References in Text

Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is section 40302 of title IV of Pub. L. 103–322, which is classified to section 12361 of Title 34, Crime Control and Law Enforcement.

Amendments1958–1996 · 5 rounds

1996

Subsec. (a). Pub. L. 104–287 substituted “sections 1–4 and 5–10 of the Act of (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).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective , 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 , 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 1958 Amendment

Amendment by Pub. L. 85–554 applicable only in the case of actions commenced after , see section 3 of Pub. L. 85–554, set out as a note under section 1331 of this title.

Credits

1948–1996 · 7 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 939
  2. 1958Pub. L. 85–554, § 5, , 72 Stat. 415
  3. 1978Pub. L. 95–473, § 2(a)(3)(A), , 92 Stat. 1465
  4. 1978Pub. L. 95–486, § 9(b), , 92 Stat. 1634
  5. 1994Pub. L. 103–322, title IV, § 40302(e)(5), , 108 Stat. 1942
  6. 1995Pub. L. 104–88, title III, § 305(b), , 109 Stat. 944
  7. 1996Pub. L. 104–287, § 3, , 110 Stat. 3388.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 939; Pub. L. 85–554, § 5, , 72 Stat. 415; Pub. L. 95–473, § 2(a)(3)(A), , 92 Stat. 1465; Pub. L. 95–486, § 9(b), , 92 Stat. 1634; Pub. L. 103–322, title IV, § 40302(e)(5), , 108 Stat. 1942; Pub. L. 104–88, title III, § 305(b), , 109 Stat. 944; Pub. L. 104–287, § 3, , 110 Stat. 3388.)

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