(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
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.
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.
1996—Subsec. (a). Pub. L. 104–287substituted “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
1995—Subsec. (b). Pub. L. 104–88substituted “carrier” for “common carrier” and “11706 or 14706” for “11707”.
Amendment by Pub. L. 85–554applicable only in the case of actions commenced after July 25, 1958, see section 3 ofPub. L. 85–554, set out as a note under section
1331 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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