Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.
Based on title 28, U.S.C., 1940 ed., § 80 (Mar. 3, 1911, ch. 231, § 37,36 Stat. 1098).
Words “dismissed for want of jurisdiction” were substituted for “it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court”. The substituted language is sufficient. (See reviser’s note under section
1359 of this title.) The provisions of section
80 of title
28, U.S.C., 1940 ed., relating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in section
1359 of this title. Other provisions of section
80 of title
28, U.S.C., 1940 ed., appear in section
1447 of this title.
Changes were made in phraseology.
1992—Pub. L. 102–572substituted “Dismissal” for “District courts; dismissal” in section catchline and inserted reference to Court of Federal Claims in text.
1980—Pub. L. 96–417included dismissals in Court of International Trade for want of jurisdiction.
Amendment by Pub. L. 96–417applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) ofPub. L. 96–417, set out as a note under section
251 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
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Description of Change
Statutes at Large
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