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Page 375 TITLE 28—JUDICIARY and JUDICIAL PROCEDURE § 1453 Page 375 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1453 (b) IN GENERAL.—A class action may be re- EFFECTIVE DATE moved to a district court of the United States in Section applicable to any civil action commenced on accordance with section 1446 (except that the 1- or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set year limitation under section 1446(b) shall not out as an Effective Date of 2005 Amendment note under apply), without regard to whether any defendant section 1332 of this title. is a citizen of the State in which the action is brought, except that such action may be re- [CHAPTER 90—OMITTED] moved by any defendant without the consent of CODIFICATION all defendants. Chapter 90, consisting of sections 1471 to 1482, which (c) REVIEW OF REMAND ORDERS.— was added by Pub. L. 95–598, title II, § 241(a), Nov. 6, (1) IN GENERAL.—Section 1447 shall apply to 1978, 92 Stat. 2668, and which related to district courts any removal of a case under this section, ex- and bankruptcy courts, did not become effective pursu- cept that notwithstanding section 1447(d), a ant to section 402(b) of Pub. L. 95–598, as amended, set court of appeals may accept an appeal from an out as an Effective Date note preceding section 101 of order of a district court granting or denying a Title 11, Bankruptcy. motion to remand a class action to the State TRANSITION TO NEW COURT SYSTEM court from which it was removed if applica- tion is made to the court of appeals not more Pub. L. 95–598, title IV, § 409, Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–249, § 1(d), Mar. 31, 1984, 98 than 10 days after entry of the order. Stat. 116; Pub. L. 98–271, § 1(d), Apr. 30, 1984, 98 Stat. 163; (2) TIME PERIOD FOR JUDGMENT.—If the court Pub. L. 98–299, § 1(d), May 25, 1984, 98 Stat. 214; Pub. L. of appeals accepts an appeal under paragraph 98–325, § 1(d), June 20, 1984, 98 Stat. 268; Pub. L. 98–353, (1), the court shall complete all action on such title I, § 121(d), July 10, 1984, 98 Stat. 346, which provided appeal, including rendering judgment, not for transfer to the new court system of cases, and mat- later than 60 days after the date on which such ters and proceedings in cases, under the Bankruptcy appeal was filed, unless an extension is grant- Act [former Title 11] pending at the end of Sept. 30, ed under paragraph (3). 1983, in the courts of bankruptcy continued under sec- (3) EXTENSION OF TIME PERIOD.—The court of tion 404(a) of Pub. L. 95–598, with certain exceptions, appeals may grant an extension of the 60-day and cases and proceedings arising under or related to period described in paragraph (2) if— cases under Title 11 pending at the end of July 9, 1984, and directed that civil actions pending on July 9, 1984, (A) all parties to the proceeding agree to over which a bankruptcy court had jurisdiction on July such extension, for any period of time; or 9, 1984, not abate, but continuation of such actions not (B) such extension is for good cause shown finally determined before Apr. 1, 1985, be removed to a and in the interests of justice, for a period bankruptcy court under this chapter, and that all law not to exceed 10 days. books, publications, etc., furnished bankruptcy judges as of July 9, 1984, be transferred to the United States (4) DENIAL OF APPEAL.—If a final judgment bankruptcy courts under the supervision of the Direc- on the appeal under paragraph (1) is not issued tor of the Administrative Office of the United States before the end of the period described in para- Courts, was repealed by Pub. L. 98–353, title I, § 122(a), graph (2), including any extension under para- July 10, 1984, 98 Stat. 343, 346, eff. July 10, 1984. graph (3), the appeal shall be denied. CHAPTER 91—UNITED STATES COURT OF (d) EXCEPTION.—This section shall not apply to FEDERAL CLAIMS any class action that solely involves— (1) a claim concerning a covered security as Sec. defined under section 16(f)(3) of the Securities 1491. Claims against United States generally; ac- Act of 1933 (15 U.S.C. 78p(f)(3) 1) and section tions involving Tennessee Valley Author- 28(f)(5)(E) of the Securities Exchange Act of ity. 1492. Congressional reference cases. 1934 (15 U.S.C. 78bb(f)(5)(E)); [1493. Repealed.] (2) a claim that relates to the internal af- 1494. Accounts of officers, agents or contractors. fairs or governance of a corporation or other 1495. Damages for unjust conviction and imprison- form of business enterprise and arises under or ment; claim against United States. by virtue of the laws of the State in which 1496. Disbursing officers’ claims. such corporation or business enterprise is in- 1497. Oyster growers’ damages from dredging oper- ations. corporated or organized; or 1498. Patent and copyright cases. (3) a claim that relates to the rights, duties 1499. Liquidated damages withheld from contrac- (including fiduciary duties), and obligations tors under chapter 37 of title 40. relating to or created by or pursuant to any 1500. Pendency of claims in other courts. security (as defined under section 2(a)(1) of the 1501. Pensions. 1502. Treaty cases. Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and 1503. Set-offs. the regulations issued thereunder). [1504. Repealed.] (Added Pub. L. 109–2, § 5(a), Feb. 18, 2005, 119 1505. Indian claims. [1506. Repealed.] Stat. 12; amended Pub. L. 111–16, § 6(2), May 7, 1507. Jurisdiction for certain declaratory judg- 2009, 123 Stat. 1608.) ments. 1508. Jurisdiction for certain partnership proceed- AMENDMENTS ings. 2009—Subsec. (c)(1). Pub. L. 111–16 substituted ‘‘not 1509. No jurisdiction in cases involving refunds of more than 10 days’’ for ‘‘not less than 7 days’’. tax shelter promoter and understatement penalties. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–16 effective Dec. 1, 2009, HISTORICAL AND REVISION NOTES see section 7 of Pub. L. 111–16, set out as a note under 1949 ACT section 109 of Title 11, Bankruptcy. This section inserts in the analysis of chapter 91 of title 28, U.S.C., item 1505, corresponding to new section 1 So in original. Probably should be ‘‘77p(f)(3)’’. 1505. § 1491 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 376 AMENDMENTS ficer has been issued under section 6 1 of that 2006—Pub. L. 109–284, § 4(1), Sept. 27, 2006, 120 Stat. Act. 1211, substituted ‘‘chapter 37 of title 40’’ for ‘‘Contract (b)(1) Both the Unites 2 States Court of Federal Work Hours and Safety Standards Act’’ in item 1499. Claims and the district courts of the United 1992—Pub. L. 102–572, title IX, § 902(a)(1), Oct. 29, 1992, States shall have jurisdiction to render judg- 106 Stat. 4516, substituted ‘‘UNITED STATES COURT ment on an action by an interested party object- OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES ing to a solicitation by a Federal agency for bids CLAIMS COURT’’ as chapter heading. or proposals for a proposed contract or to a pro- 1984—Pub. L. 98–369, div. A, title VII, § 714(g)(3), July posed award or the award of a contract or any 18, 1984, 98 Stat. 962, added item 1509. 1982—Pub. L. 97–248, title IV, § 402(c)(18)(B), Sept. 3, alleged violation of statute or regulation in con- 1982, 96 Stat. 669, added item 1508. nection with a procurement or a proposed pro- Pub. L. 97–164, title I, § 133(e)(2)(B), (f), (h), (j)(2), Apr. curement. Both the United States Court of Fed- 2, 1982, 96 Stat. 41, substituted ‘‘UNITED STATES eral Claims and the district courts of the United CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ in chapter States shall have jurisdiction to entertain such heading, substituted ‘‘Liquidated damages withheld an action without regard to whether suit is in- from contractors under Contract Work Hours and Safe- stituted before or after the contract is awarded. ty Standards Act’’ for ‘‘Penalties imposed against con- (2) To afford relief in such an action, the tractors under eight hour law’’ in item 1499, and struck courts may award any relief that the court con- out items 1504 ‘‘Tort Claims’’ and 1506 ‘‘Transfer to cure defect of jurisdiction’’. siders proper, including declaratory and injunc- 1976—Pub. L. 94–455, title XIII, § 1306(b)(9)(B), Oct. 4, tive relief except that any monetary relief shall 1976, 90 Stat. 1720, added item 1507. be limited to bid preparation and proposal costs. 1960—Pub. L. 86–770, § 2(b), Sept. 13, 1960, 74 Stat. 912, (3) In exercising jurisdiction under this sub- added item 1506. section, the courts shall give due regard to the Pub. L. 86–726, § 4, Sept. 8, 1960, 74 Stat. 856, sub- interests of national defense and national secu- stituted ‘‘Patent and copyright cases’’ for ‘‘Patent rity and the need for expeditious resolution of cases’’ in item 1498. the action. 1954—Act Sept. 3, 1954, ch. 1263, § 43, 68 Stat. 1241, in- (4) In any action under this subsection, the serted ‘‘; actions involving Tennessee Valley Author- courts shall review the agency’s decision pursu- ity’’ in item 1491 and struck out item 1493 ‘‘Depart- mental reference cases’’. ant to the standards set forth in section 706 of 1949—Act May 24, 1949, ch.
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