28 U.S.C. § 1444 — Foreclosure action against United States

Page 399 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1445 or for refusing to do any act on the ground that it would be inconsistent with such law. (June 25, 1948, ch. 646, 62 Stat. 938.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 74 (Mar. 3, 1911, ch. 231, § 31, 36 Stat. 1096). Other provisions of section 74 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. Words ‘‘or in the part of the State where such suit or prosecution is pending’’ after ‘‘courts of such States,’’ were omitted as unnecessary. Changes were made in phraseology. § 1444. Foreclosure action against United States Any action brought under section 2410 of this title against the United States in any State court may be removed by the United States to the district court of the United States for the district and division in which the action is pend- ing. (June 25, 1948, ch. 646, 62 Stat. 938; May 24, 1949, ch. 139, § 82, 63 Stat. 101.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 903 (Mar. 4, 1931, ch. 515, § 3, 46 Stat. 1529). The procedural provisions of section 903 of title 28, U.S.C., 1940 ed., were omitted as covered by section 1446 of this title. Changes were made in phraseology. 1949 ACT This section corrects typographical errors in section 1444 of title 28, U.S.C. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, inserted ‘‘court’’ between ‘‘State’’ and ‘‘may’’, and substituted ‘‘division’’ for ‘‘di- visions’’. § 1445. Nonremovable actions (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 April 22, 1908 (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. (June 25, 1948, ch. 646, 62 Stat. 939; Pub. L. 85–554, § 5, July 25, 1958, 72 Stat. 415; Pub. L. 95–473, § 2(a)(3)(A), Oct. 17, 1978, 92 Stat. 1465; Pub. L. 95–486, § 9(b), Oct. 20, 1978, 92 Stat. 1634; Pub. L. 103–322, title IV, § 40302(e)(5), Sept. 13, 1994, 108 Stat. 1942; Pub. L. 104–88, title III, § 305(b), Dec. 29, 1995, 109 Stat. 944; Pub. L. 104–287, § 3, Oct. 11, 1996, 110 Stat. 3388.) 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 amend- ment the case becomes removable when the carrier is in receivership or undergoing reorganization. The re- vised 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 distinc- tions as to the identity of the parties is made deter- minative 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. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–287 substituted ‘‘sec- tions 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’’. 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 ac- tions’’ 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 July 5, 1994, 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 Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transpor- tation. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–554 applicable only in the case of actions commenced after July 25, 1958, see sec- tion 3 of Pub. L. 85–554, set out as a note under section 1331 of this title.