§ 1453. Removal of class actions

Footnotes

1. 1 So in original. Probably should be “77p(f)(3)”.

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. 2005

   Class Action Fairness Act of 2005

   Pub. L. 109–2 § 5(a) · 118 Stat. 4

   Enacted · 28 U.S.C. § 1453

   Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 Stat. 12

   Source evidence

   Code source credit
   Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 Stat. 12

   Enacted provision · exact public law section
   (a) In General.— Chapter 89 is amended by adding after section 1452 the following: “§ 1453. Removal of class actions “(a) Definitions.— In this section, the terms ‘class’, ‘class action’, ‘class certification order’, and ‘class member’ shall have the meanings given such terms under section 1332(d)(1). “(b) In General.— A class action may be removed to a district court of the United States in accordance with section 1446 (except that the 1-year limitation under section 1446(b) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by any defendant without the consent of all defendants. “(c) Review of Remand Orders.— “(1) In general.— Section 1447 shall apply to any removal of a case under this section, except that notwithstanding section 1447(d), a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not less than 7 days after entry of the order. “(2) Time period for judgment.— If the court of appeals accepts an appeal under paragraph (1), the court shall complete all action on such appeal, including rendering judgment, not later than 60 days after the date on which such appeal was filed, unless an extension is granted under paragraph (3). “(3) Extension of time period.— The court of appeals may grant an extension of the 60-day period described in paragraph (2) if— “(A) all parties to the proceeding agree to such extension, for any period of time; or “(B) such extension is for good cause shown and in the interests of justice, for a period not to exceed 10 days. “(4) Denial of appeal.— If a final judgment on the appeal under paragraph (1) is not issued before the end of the period described in paragraph (2), including any extension under paragraph (3), the appeal shall be denied. “(d) Exception.— This section shall not apply to any class action that solely involves— “(1) a claim concerning a covered security as defined under section 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 78p(f)(3)) and section 28(f)(5)(E) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); “(2) a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise and arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or “(3) a claim that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder).” .

2. 2009

   Statutory Time-Periods Technical Amendments Act of 2009

   Pub. L. 111–16 § 6(2) · 123 Stat. 1607

   Substituted · 28 U.S.C. § 1453(c)(1)

   Pub. L. 111–16 substituted “not more than 10 days” for “not less than 7 days”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 111–16 substituted “not more than 10 days” for “not less than 7 days”.

   Enacted provision · exact public law section
   (2) in section 1453(c)(1), by striking “not less than 7 days” and inserting “not more than 10 days”; and

3. 2011

   Federal Courts Jurisdiction and Venue Clarification Act of 2011

   Pub. L. 112–63 title I § 103(d)(2) · 125 Stat. 762

   Substituted · 28 U.S.C. § 1453(b)

   Pub. L. 112–63 substituted “1446(c)(1)” for “1446(b)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 112–63 substituted “1446(c)(1)” for “1446(b)”.

   Enacted provision · exact public law section
   (2) Section 1453(b) of title 28, United States Code, is amended by striking “1446(b)” and inserting “1446(c)(1)”.

   Effective date note
   Amendment by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action or prosecution commenced on or after such effective date, with provisions for treatment of cases removed to Federal court, see section 105 of Pub. L. 112–63, set out as a note under section 1332 of this title.

3 of 3 references resolved to an enrolled provision