28 U.S.C. § 1336 — Surface Transportation Board’s orders

Page 370 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1335 JURISDICTION OVER AND TRANSFER OF BANKRUPTCY CASES AND PROCEEDINGS Pub. L. 98–353, title I, § 115, July 10, 1984, 98 Stat. 343, provided that: ‘‘(a) On the date of the enactment of this Act [July 10, 1984] the appropriate district court of the United States shall have jurisdiction of— ‘‘(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bank- ruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2687) [formerly set out as a note pre- ceding section 151 of this title], and ‘‘(2) cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of No- vember 6, 1978 (Public Law 95–598; 92 Stat. 2687). ‘‘(b) On the date of the enactment of this Act [July 10, 1984], there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2685) [formerly set out as a note preceding sec- tion 1471 of this title].’’ § 1335. Interpleader (a) The district courts shall have original ju- risdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society hav- ing in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insur- ance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obli- gation written or unwritten to the amount of $500 or more, if (1) Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or arising by virtue of any such obligation; and if (2) the plaintiff has de- posited such money or property or has paid the amount of or the loan or other value of such in- strument or the amount due under such obliga- tion into the registry of the court, there to abide the judgment of the court, or has given bond payable to the clerk of the court in such amount and with such surety as the court or judge may deem proper, conditioned upon the compliance by the plaintiff with the future order or judgment of the court with respect to the subject matter of the controversy. (b) Such an action may be entertained al- though the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and inde- pendent of one another. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 109–2, § 4(b)(1), Feb. 18, 2005, 119 Stat. 12.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Words ‘‘civil action’’ were substituted for ‘‘suits in equity’’; word ‘‘plaintiff’’ was substituted for ‘‘com- plainant’’; and word ‘‘judgment’’ was substituted for ‘‘decree,’’ in order to make the language of this section conform with the Federal Rules of Civil Procedure. The words ‘‘duly verified’’ following ‘‘in the nature of interpleader,’’ near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially re- quired by statute. Although verification was specially required by section 41(26) of title 28, U.S.C., 1940 ed., the need therefor is not apparent. Provisions of section 41(26)(b) of title 28, U.S.C., 1940 ed., relating to venue are the basis of section 1397 of this title. (See, also, reviser’s note under said section.) Subsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute section 2361 of this title. (See reviser’s note under said section.) Subsection (e) of such section 41(26), relating to de- fense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure. Changes were made in phraseology. Editorial Notes AMENDMENTS 2005—Subsec. (a)(1). Pub. L. 109–2 inserted ‘‘subsection (a) or (d) of’’ before ‘‘section 1332’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–2 applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as a note under section 1332 of this title. § 1336. Surface Transportation Board’s orders (a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdic- tion of any civil action to enforce, in whole or in part, any order of the Surface Transportation Board, and to enjoin or suspend, in whole or in part, any order of the Surface Transportation Board for the payment of money or the collec- tion of fines, penalties, and forfeitures. (b) When a district court or the United States Court of Federal Claims refers a question or issue to the Surface Transportation Board for determination, the court which referred the question or issue shall have exclusive jurisdic- tion of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Surface Transportation Board aris- ing out of such referral. (c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Surface Transpor- tation Board becomes final. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88–513, § 1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93–584, § 1, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97–164, title I, § 128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–88, title III, § 305(a)(1), (2), Dec. 29, 1995, 109 Stat. 944.) 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 existing provisions as subsec. (a) and added subsecs. (b) and (c). Statutory Notes and Related Subsidiaries 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 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–584 not applicable to ac- tions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effec- tive shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, set out as a note under section 2321 of this title. § 1337. Commerce and antitrust regulations; amount in controversy, costs (a) The district courts shall have original ju- risdiction of any civil action or proceeding aris- ing under any Act of Congress regulating com- merce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original ju- risdiction 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 ex- ceeds $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 coun- terclaim to which the defendant may be ad- judged to be entitled, and exclusive of any inter- est 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 jurisdic- tion under this section of any matter within the exclusive jurisdiction of the Court of Inter- national Trade under chapter 95 of this title. (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95–486, § 9(a), Oct. 20, 1978, 92 Stat. 1633; Pub. L. 96–417, title V, § 505, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97–449, § 5(f), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 104–88, title III, § 305(a)(3), Dec. 29, 1995, 109 Stat. 944.) 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 AMENDMENTS 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 Com- merce 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 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 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, 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. § 1338. Patents, plant variety protection, copy- rights, mask works, designs, trademarks, and unfair competition (a) The district courts shall have original ju- risdiction of any civil action arising under any