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28 U.S.C. § 1445 — Nonremovable actions

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

A State-court civil action against a railroad, receiver, or trustee arising under sections 1–4 or 5–10 of the April 22, 1908 Act may not be moved to a United States district court. Such an action against a carrier, receiver, or trustee for shipment delay, loss, or injury under section 11706 or 14706 of title 49 may not be moved unless the dispute is worth more than $10,000, not counting interest and costs.

(a) A State-court civil action against a railroad, receiver, or trustee arising under sections 1–4 or 5–10 of the April 22, 1908 Act may not be moved to a United States district court. (b) Such an action against a carrier, receiver, or trustee for shipment delay, loss, or injury under section 11706 or 14706 of title 49 may not be moved unless the dispute is worth more than $10,000, not counting interest and costs. (c) A State-court civil action arising under that State’s workers’ compensation laws may not be moved to a United States district court. (d) A State-court civil action arising under section 40302 of the Violence Against Women Act of 1994 may not be moved to a United States district court.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 939
  • 1958Amended · Pub. L. 85-554 · 72 Stat. 415
  • 1978Amended · Pub. L. 95-473 · 92 Stat. 1465
  • 1978Amended · Pub. L. 95-486 · 92 Stat. 1634
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 1942
  • 1995Amended · Pub. L. 104-88 · 109 Stat. 944
  • 1996Amended · Pub. L. 104-287 · 110 Stat. 3388

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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