§ 1445. — Nonremovable actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1445]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 89--DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Sec. 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, Sec. 5, July 25,
1958, 72 Stat. 415; Pub. L. 95-473, Sec. 2(a)(3)(A), Oct. 17, 1978, 92
Stat. 1465; Pub. L. 95-486, Sec. 9(b), Oct. 20, 1978, 92 Stat. 1634;
Pub. L. 103-322, title IV, Sec. 40302(e)(5), Sept. 13, 1994, 108 Stat.
1942; Pub. L. 104-88, title III, Sec. 305(b), Dec. 29, 1995, 109 Stat.
944; Pub. L. 104-287, Sec. 3, Oct. 11, 1996, 110 Stat. 3388.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 71 (Mar. 3, 1911, ch. 231,
Sec. 28, 36 Stat. 1094; Jan. 20, 1914, ch. 11, 38 Stat. 278; Jan. 31,
1928, ch. 14, Sec. 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 amendment the
case becomes removable when the carrier is in receivership or undergoing
reorganization. The revised 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 distinctions as to the identity of the parties is made
determinative 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.
References in Text
Section 40302 of the Violence Against Women Act of 1994, referred to
in subsec. (d), is classified to section 13981 of Title 42, The Public
Health and Welfare.
Amendments
1996--Subsec. (a). Pub. L. 104-287 substituted ``sections 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 actions'' for
``Carriers; nonremovable actions'' in section catchline and added
subsec. (c).
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 701 of
Title 49, Transportation.
Effective Date of 1958 Amendment
Amendment by Pub. L. 85-554 applicable only in the case of actions
commenced after July 25, 1958, see section 3 of Pub. L. 85-554, set out
as a note under section 1331 of this title.
