28 U.S.C. § 1333 — Admiralty, maritime and prize cases

Page 368 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1333 Subsec. (a)(4). Pub. L. 94–583 added par. (4). 1964—Subsec. (c). Pub. L. 88–439 inserted proviso deeming an insurer of liability insurance, in an action to which the insurer is not joined as a party-defendant, a citizen, of the State of which the insured is a citizen, as well as the State the insurer has been incorporated by and the State where it has its principal place of business. 1958—Pub. L. 85–554 included costs in section catch- line. Subsec. (a). Pub. L. 85–554 substituted ‘‘$10,000’’ for ‘‘$3,000’’. Subsecs. (b) to (d). Pub. L. 85–554 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d). 1956—Subsec. (b). Act July 26, 1956, included the Com- monwealth of Puerto Rico. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–63, title I, § 105, Dec. 7, 2011, 125 Stat. 762, provided that: ‘‘(a) IN GENERAL.—Subject to subsection (b), the amendments made by this title [enacting section 1455 of this title and amending this section and sections 1441, 1446, and 1453 of this title] shall take effect upon the expiration of the 30-day period beginning on the date of the enactment of this Act [Dec. 7, 2011], and shall apply to any action or prosecution commenced on or after such effective date. ‘‘(b) TREATMENT OF CASES REMOVED TO FEDERAL COURT.—For purposes of subsection (a), an action or prosecution commenced in State court and removed to Federal court shall be deemed to commence on the date the action or prosecution was commenced, within the meaning of State law, in State court.’’ EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–2, § 9, Feb. 18, 2005, 119 Stat. 14, provided that: ‘‘The amendments made by this Act [enacting chapter 114 and section 1453 of this title and amending this section and sections 1335 and 1603 of this title] shall apply to any civil action commenced on or after the date of enactment of this Act [Feb. 18, 2005].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–317, title II, § 205(b), Oct. 19, 1996, 110 Stat. 3850, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall take effect 90 days after the date of enactment of this Act [Oct. 19, 1996].’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title II, § 201(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendments made by this section [amending this section] shall apply to any civil action commenced on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ Pub. L. 100–702, title II, § 202(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply to any civil ac- tion commenced in or removed to a United States dis- trict court on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ Pub. L. 100–702, title II, § 203(b), Nov. 19, 1988, 102 Stat. 4646, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply to claims in civil actions commenced in or removed to the United States district courts on or after the 180th day after the date of enactment of this title [Nov. 19, 1988].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–583 effective 90 days after Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–439, § 2, Aug. 14, 1964, 78 Stat. 445, provided that: ‘‘The amendment made by this Act to section 1332(c), title 28, United States Code, applies only to causes of action arising after the date of enactment of this Act [Aug. 14, 1964].’’ 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. § 1333. Admiralty, maritime and prize cases The district courts shall have original juris- diction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled. (2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize. (June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, ch. 139, § 79, 63 Stat. 101.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§ 1, 2, 42 Stat. 634). Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to sei- zures, are incorporated in section 1356 of this title. (See reviser’s note thereunder.) The ‘‘saving to suitors’’ clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by sub- stituting the words ‘‘any other remedy to which he is otherwise entitled’’ for the words ‘‘the right of a com- mon law remedy where the common law is competent to give it.’’ The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity. Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen’s compensation laws, were deleted. Such amendments were held unconstitu- tional by the Supreme Court. (See Knickerbocker Ice Co. v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.) Words ‘‘libellant or petitioner’’ were substituted for ‘‘suitors’’ to describe moving party in admiralty cases. Changes were made in phraseology. 1949 ACT This section amends section 1333(a)(1) of title 28, U.S.C., by substituting ‘‘suitors’’ for ‘‘libellant or peti- tioner’’ to conform to the language of the law in exist- ence at the time of the enactment of the revision of title 28. Editorial Notes AMENDMENTS 1949—Subd. (1). Act May 24, 1949, substituted ‘‘suit- ors’’ for ‘‘libellant or petitioner’’. § 1334. Bankruptcy cases and proceedings (a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11.