28 U.S.C. § 1453 — Removal of class actions

Page 404 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1450 HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 78 (Mar. 3, 1911, ch. 231, § 35, 36 Stat. 1098). Changes were made in phraseology. 1949 ACT This section corrects a typographical error by elimi- nating from section 1449 of title 28, U.S.C., the words ‘‘any attachment or sequestration of the’’, which had been inadvertently included, and inserting in lieu thereof the words, ‘‘and the clerk of such State court, upon’’. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, substituted ‘‘and the clerk of such State court, upon’’ for ‘‘any attachment or se- questration of the’’. § 1450. Attachment or sequestration; securities Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to an- swer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court. All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwith- standing such removal. All injunctions, orders, and other proceedings had in such action prior to its removal shall re- main in full force and effect until dissolved or modified by the district court. (June 25, 1948, ch. 646, 62 Stat. 940.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 79 (Mar. 3, 1911, ch. 231, § 36, 36 Stat. 1098). Changes were made in phraseology. § 1451. Definitions For purposes of this chapter— (1) The term ‘‘State court’’ includes the Supe- rior Court of the District of Columbia. (2) The term ‘‘State’’ includes the District of Columbia. (Added Pub. L. 91–358, title I, § 172(d)(1), July 29, 1970, 84 Stat. 591.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91–358, set out as an Effective Date of 1970 Amendment note under section 1257 of this title. § 1452. Removal of claims related to bankruptcy cases (a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil ac- tion by a governmental unit to enforce such governmental unit’s police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title. (b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not re- mand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title. (Added Pub. L. 98–353, title I, § 103(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 101–650, title III, § 309(c), Dec. 1, 1990, 104 Stat. 5113.) Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–650 inserted before pe- riod at end ‘‘by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title. § 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 re- moved to a district court of the United States in accordance with section 1446 (except that the 1- year limitation under section 1446(c)(1) 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 re- moved 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, ex- cept 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 applica- tion is made to the court of appeals not more than 10 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 grant- ed 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. Page 405 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1455 1 So in original. Probably should be ‘‘77p(f)(3)’’. (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 para- graph (2), including any extension under para- graph (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) 1) 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 af- fairs 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 in- corporated 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). (Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 Stat. 12; amended Pub. L. 111–16, § 6(2), May 7, 2009, 123 Stat. 1608; Pub. L. 112–63, title I, § 103(d)(2), Dec. 7, 2011, 125 Stat. 762.) Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 112–63 substituted ‘‘1446(c)(1)’’ for ‘‘1446(b)’’. 2009—Subsec. (c)(1). Pub. L. 111–16 substituted ‘‘not more than 10 days’’ for ‘‘not less than 7 days’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration 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 sec- tion 105 of Pub. L. 112–63, set out as a note under sec- tion 1332 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy. EFFECTIVE DATE Section applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as an Effective Date of 2005 Amendment note under section 1332 of this title. § 1454. Patent, plant variety protection, and copyright cases (a) IN GENERAL.—A civil action in which any party asserts a claim for relief arising under any Act of Congress relating to patents, plant vari- ety protection, or copyrights may be removed to the district court of the United States for the district and division embracing the place where the action is pending. (b) SPECIAL RULES.—The removal of an action under this section shall be made in accordance with section 1446, except that if the removal is based solely on this section— (1) the action may be removed by any party; and (2) the time limitations contained in section 1446(b) may be extended at any time for cause shown. (c) CLARIFICATION OF JURISDICTION IN CERTAIN CASES.—The court to which a civil action is re- moved under this section is not precluded from hearing and determining any claim in the civil action because the State court from which the civil action is removed did not have jurisdiction over that claim. (d) REMAND.—If a civil action is removed sole- ly under this section, the district court— (1) shall remand all claims that are neither a basis for removal under subsection (a) nor within the original or supplemental jurisdic- tion of the district court under any Act of Congress; and (2) may, under the circumstances specified in section 1367(c), remand any claims within the supplemental jurisdiction of the district court under section 1367. (Added Pub. L. 112–29, § 19(c)(1), Sept. 16, 2011, 125 Stat. 332.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any civil action commenced on or after Sept. 16, 2011, see section 19(e) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment note under section 1295 of this title. § 1455. Procedure for removal of criminal pros- ecutions (a) NOTICE OF REMOVAL.—A defendant or de- fendants desiring to remove any criminal pros- ecution from a State court shall file in the dis- trict court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. (b) REQUIREMENTS.—(1) A notice of removal of a criminal prosecution shall be filed not later than 30 days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. (2) A notice of removal of a criminal prosecu- tion shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. (3) The filing of a notice of removal of a crimi- nal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of