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28 U.S.C. § 1337 — Commerce and antitrust regulations; amount in controversy, costs

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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 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.

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Stable record: federal_law:legal_authorities:record_usc_2f585a86d330d6b7a6f9f941
Source file: Laws/federal/codes/united-states-code/title-28/section-1337-commerce-and-antitrust-regulations-amount-in-controversy-costs--88fc17eb13.md
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Source location: Title 28, Chapter 85, § 1337; chapter-085-district-courts-jurisdiction.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1301 — Establishment of Board

**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government. **(b) Membership.—** (1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and (B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 251 — Appointment and number of judges; offices

**(a)** The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States. **(b)** The offices of the Court of International Trade shall be located in New York, New York.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 11707 — Liability when property is delivered in violation of routing instructions

**(a)** (1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property. (2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board. (3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier. **(b)** The court shall award a reasonable attorney’s fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 11707

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7104 — Contractor’s right of appeal from decision by contracting officer

**(a) Appeal to Agency Board.—** A contractor, within 90 days from the date of receipt of a contracting officer’s decision under [section 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim), may appeal the decision to an agency board as provided in [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7105&num=0&edition=prelim). **(b) Bringing an Action De Novo in Federal Court.—** (1) **In general.—** — Except as provided in paragraph (2), and in lieu of appealing the decision of a contracting officer under [section 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim) to an agency board, a contractor may bring an action directly on the claim in the United States Court of Federal Claims, notwithstanding any contract provision, regulation, or rule of law to the contrary. (2) **Tennessee valley authority.—** — In the case of an action against the Tennessee Valley Authority, the contractor may only bring an action directly on the claim in a district court of the United States pursuant to [section 1337 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), notwithstanding any contract provision, regulation, or rule of law to the contrary. (3) **Time for filing.—** — A contractor shall file any action under paragraph (1) or (2) within 12 months from the date of receipt of a contracting officer’s decision under [section 7103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim). (4) **De novo.—** — An action under paragraph (1) or (2) shall proceed de novo in

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7104

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7107 — Judicial review of agency board decisions

**(a) Review.—** (1) **In general.—** — The decision of an agency board is final, except that— (A) a contractor may appeal the decision to the United States Court of Appeals for the Federal Circuit within 120 days from the date the contractor receives a copy of the decision; or (B) if an agency head determines that an appeal should be taken, the agency head, with the prior approval of the Attorney General, may transmit the decision to the United States Court of Appeals for the Federal Circuit for judicial review under [section 1295 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295&num=0&edition=prelim), within 120 days from the date the agency receives a copy of the decision. (2) **Tennessee valley authority.—** — Notwithstanding paragraph (1), a decision of the board of contract appeals of the Tennessee Valley Authority is final, except that— (A) a contractor may appeal the decision to a United States district court pursuant to [section 1337 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), within 120 days from the date the contractor receives a copy of the decision; or (B) the Tennessee Valley Authority may appeal the decision to a United States district court pursuant to [section 1337 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1337&num=0&edition=prelim), within 120 days from the date of the decision. (3) **Review of arbitration.—** — An award by an arbitrator under this chapter shall be reviewed pursuant to sections 9 to 13 of title 9, except that the court may set aside or limit any award that is found to violate limitations imposed by Federal statute. **(b) Finality of Agency Board Decisions on

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 7107

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1337 — Commerce and antitrust regulations;

Page 371 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1338 HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3, 1911, ch. 231, §§ 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, 1913, ch. 32, 38 Stat. 219). Words ‘‘Except as otherwise provided by enactment of Congress’’ were inserted because of certain similar cases of which the courts of appeals are given jurisdic- tion. (See, for example, section 21 of title 15, U.S.C., 1940 ed., Commerce and Trade.) Words ‘‘any civil action’’ were substituted for ‘‘all cases’’ and ‘‘cases’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes AMENDMENTS 1995—Pub. L. 104–88 substituted ‘‘Surface Transpor- tation Board’s’’ for ‘‘Interstate Commerce Commis- sion’s’’ in section catchline and ‘‘Surface Transpor- tation Board’’ for ‘‘Interstate Commerce Commission’’ wherever appearing in text. 1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. 1975—Subsec. (a). Pub. L. 93–584 substituted provi- sions that the district courts shall have jurisdiction of civil actions to enforce, in whole or in part, orders of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures, for provisions that the district courts shall have jurisdic- tion of civil actions to enforce, enjoin, set aside, annul or suspend, in whole or in part, any order of the Inter- state Commerce Commission. 1964—Pub. L. 88–513 designated exi

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1337

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