Notes on 28 U.S.C. § 1332 : US Code - Notes

Search Notes on 28 U.S.C. § 1332 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 930; July 26, 1956, ch. 740, 70
Stat. 658; Pub. L. 85-554, Sec. 2, July 25, 1958, 72 Stat. 415;
Pub. L. 88-439, Sec. 1, Aug. 14, 1964, 78 Stat. 445; Pub. L. 94-
583, Sec. 3, Oct. 21, 1976, 90 Stat. 2891; Pub. L. 100-702, title
II, Secs. 201(a), 202(a), 203(a), Nov. 19, 1988, 102 Stat. 4646;
Pub. L. 104-317, title II, Sec. 205(a), Oct. 19, 1996, 110 Stat.
3850; Pub. L. 109-2, Sec. 4(a), Feb. 18, 2005, 119 Stat. 9.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911,
ch. 231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283,
Sec. 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738;
Apr. 20, 1940, ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed.,
are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359
of this title. (See reviser's notes under said sections.)
Jurisdiction conferred by other sections of this chapter, except
section 1335, is not dependent upon diversity of citizenship. (See
annotations under former section 41 of title 28, U.S.C.A., and 35
C.J.S., p. 833 et seq. Secs. 30-43. See, also, reviser's note under
section 1331 of this title.) As to citizenship of bank where
jurisdiction depends upon diversity of citizenship, see section
1348 of this title.
Words "all civil actions" were substituted for "all suits of a
civil nature, at common law or in equity" in order to conform to
Rule 2 of the Federal Rules of Civil Procedure.
Words "or citizens of the District of Columbia, Territory of
Hawaii, or Alaska, and any State or Territory" which were inserted
by the amendatory act April 20, 1940, are omitted. The word
"States" is defined in this section and enumeration of the
references is unnecessary.
The revised section conforms with the views of Philip F. Herrick,
United States Attorney, Puerto Rico, who observed that the act of
April 20, 1940, permitted action between a citizen of Hawaii and of
Puerto Rico, but not between a citizen of New York and Puerto Rico,
in the district court.
This changes the law to insure uniformity. The 1940 amendment
applied only to the provision as to controversies between "citizens
of different States." The new definition in subsection (b) extends
the 1940 amendment to apply to controversies between citizens of
the Territories or the District of Columbia, and foreign states or
citizens or subjects thereof.
The diversity of citizenship language of section 41(1) of title
28, U.S.C., 1940 ed., as amended in 1940, was described as
ambiguous in McGarry v. City of Bethlehem, 45 F.Supp. 385, 386. In
that case the 1940 amendment was held unconstitutional insofar as
it affected the District of Columbia. However, two other district
courts upheld the amendment. Winkler v. Daniels, D.C.Va. 1942, 43
F.Supp. 265; Glaeser v. Acacia Mutual Life Ass'n., D.C.Cal. 1944,
55 F.Supp. 925.
This section is intended to cover all diversity of citizenship
instances in civil actions in accordance with the judicial
construction of the language in the original section 41(1) of title
28, U.S.C., 1940 ed. Therefore, the revised language covers civil
actions between -
Citizens of a State, and citizens of other States and foreign
states or citizens or subjects thereof;
Citizens of a Territory or the District of Columbia, and foreign
states or citizens or subjects thereof;
Citizens of different States;
Citizens of different Territories;
Citizens of a State, and citizens of Territories;
Citizens of a State or Territory, and citizens of the District of
Columbia;
Citizens of a State, and foreign states or citizens or subjects
thereof.
The revised section removes an uncertainty referred to in the
McGarry case, supra, as to whether Congress intended to permit
citizens of the Territories or the District of Columbia to sue a
State or Territory itself rather than the citizens thereof. The
court observed that "Congress could hardly have had such
intention."
The sentence "The foregoing provisions as to the sum or value of
the matter in controversy shall not be construed to apply to any of
the cases mentioned in the succeeding paragraphs of this section"
was omitted as unnecessary. Those paragraphs are (2)-(28) of said
section 41 of title 28, U.S.C., 1940 ed., which are revised and
incorporated in this chapter and, except for those relating to
actions against the United States and interpleader, contains no
provision as to a sum or value necessary to confer jurisdiction.
Consequently the omitted sentence is covered by excluding such
requirement.
Section 41(1) of title 28, U.S.C., 1940 ed., as originally
enacted, purported to include all jurisdictional provisions
relating to the district courts. Subsequently, many special
jurisdictional provisions were enacted and incorporated in other
titles of the U.S.C., 1940 ed., as follows:
Title Section
7 209
7 210
7 216
7 292
7 499g
7 608a(6)
7 608c(15)(B)
7 610(b)(2)
7 648
7 1175
7 1365-1367
7 1376
7 1508(c)
8 164
8 701
8 903
9 4
9 8
9 9
11 11(a)
11 46
11 205(a)(l)
11 401
11 511
11 512
11 514-516
11 711
11 712
11 811
11 812
11 1011
11 1012
11 1013
11 1200
12 93
12 195
12 632
15 4
15 9
15 15
15 25
15 26
15 31
15 53
15 68e
15 77t
15 77v
15 77vvv
15 78u(e)
15 78u(f)
15 78aa
15 79k(d)(e)
15 79r(f)(g)
15 80a-25
15 80a-34
15 80a-35
15 80a-41(c)(e)
15 80a-43
15 80b-14
15 97
15 99
15 433
15 715d(c)
15 715i
15 717s
15 717u
16 10
16 583e
16 820
16 825m
16 825n
16 825p
17 26
17 34
21 193
21 332
21 355
25 314
25 345
26 3633
26 3800
27 207
29 101
29 103-109
29 160(e)
29 216
29 217
30 188
31 232
33 495
33 918
33 921
35 63
35 66
35 67
35 72a
35 90
38 445
40 257
40 270b
40 361
41 113(b)(2)
42 405(c)(5)(g)
43 546
43 1062
45 56
45 88
45 89
45 153(p)
45 159
45 185
45 228j4
45 228k
45 268
45 355(f)
46 597
46 688
46 711
46 741 et seq.
46 781 et seq.
46 941(c)
46 951
46 954
46 1114(c)
46 1128d
47 11
47 13
47 33
47 36
47 207
47 401
47 406
47 407
48 242
48 245
49 5(8)
49 9
49 16(2)
49 16(9)
49 16(12)
49 17(9)
49 19a(l)
49 20(9)
49 23
49 26(h)
49 41(1)(3)
49 43
49 181(b)(c)
49 305(g)
49 322(b)
49 647
49 916
49 1017
49 1021
50 23
D.C. Code 11-305 - 11-307
D.C. Code 11-309
D.C. Code 11-324
REFERENCES IN TEXT
Rule 23 of the Federal Rules of Civil Procedure, referred to in
subsec. (d)(1)(B), (11)(C)(ii), is set out in the Appendix to this
title.
AMENDMENTS
2005 - Subsecs. (d), (e). Pub. L. 109-2 added subsec. (d) and
redesignated former subsec. (d) as (e).
1996 - Subsecs. (a), (b). Pub. L. 104-317 substituted "$75,000"
for "$50,000".
1988 - Subsec. (a). Pub. L. 100-702, Sec. 201(a), substituted
"$50,000" for "$10,000" in introductory text.
Pub. L. 100-702, Sec. 203(a), inserted at end "For the purposes
of this section, section 1335, and section 1441, an alien admitted
to the United States for permanent residence shall be deemed a
citizen of the State in which such alien is domiciled."
Subsec. (b). Pub. L. 100-702, Sec. 201(a), substituted "$50,000"
for "$10,000".
Subsec. (c). Pub. L. 100-702, Sec. 202(a), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: "For
the purposes of this section and section 1441 of this title, a
corporation shall be deemed a citizen of any State by which it has
been incorporated and of the State where it has its principal place
of business: Provided further, That in any direct action against
the insurer of a policy or contract of liability insurance, whether
incorporated or unincorporated, to which action the insured is not
joined as a party-defendant, such insurer shall be deemed a citizen
of the State of which the insured is a citizen, as well as of any
State by which the insurer has been incorporated and of the State
where it has its principal place of business."
1976 - Subsec. (a)(2). Pub. L. 94-583 substituted "and citizens
or subjects of a foreign state;" for ", and foreign states or
citizens or subjects thereof; and".
Subsec. (a)(3). Pub. L. 94-583 substituted "citizens or subjects
of a foreign state are additional parties; and" for "foreign states
or citizens or subjects thereof are additional parties".
Subsec. (a)(4). Pub. L. 94-583 added par. (4).
1964 - Subsec. (c). Pub. L. 88-439 inserted proviso deeming an
insurer of liability insurance, in an action to which the insurer
is not joined as a party-defendant, a citizen, of the State of
which the insured is a citizen, as well as the State the insurer
has been incorporated by and the State where it has its principal
place of business.
1958 - Pub. L. 85-554 included costs in section catchline.
Subsec. (a). Pub. L. 85-554 substituted "$10,000" for "$3,000".
Subsecs. (b) to (d). Pub. L. 85-554 added subsecs. (b) and (c)
and redesignated former subsec. (b) as (d).
1956 - Subsec. (b). Act July 26, 1956, included the Commonwealth
of Puerto Rico.
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-2, Sec. 9, Feb. 18, 2005, 119 Stat. 14, provided
that: "The amendments made by this Act [enacting chapter 114 and
section 1453 of this title and amending this section and sections
1335 and 1603 of this title] shall apply to any civil action
commenced on or after the date of enactment of this Act [Feb. 18,
2005]."
EFFECTIVE DATE OF 1996 AMENDMENT
Section 205(b) of Pub. L. 104-317 provided that: "The amendment
made by this section [amending this section] shall take effect 90
days after the date of enactment of this Act [Oct. 19, 1996]."
EFFECTIVE DATE OF 1988 AMENDMENT
Section 201(b) of title II of Pub. L. 100-702 provided that: "The
amendments made by this section [amending this section] shall apply
to any civil action commenced on or after the 180th day after the
date of enactment of this title [Nov. 19, 1988]."
Section 202(b) of title II of Pub. L. 100-702 provided that: "The
amendment made by this section [amending this section] shall apply
to any civil action commenced in or removed to a United States
district court on or after the 180th day after the date of
enactment of this title [Nov. 19, 1988]."
Section 203(b) of title II of Pub. L. 100-702 provided that: "The
amendment made by this section [amending this section] shall apply
to claims in civil actions commenced in or removed to the United
States district courts on or after the 180th day after the date of
enactment of this title [Nov. 19, 1988]."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-583 effective 90 days after Oct. 21,
1976, see section 8 of Pub. L. 94-583, set out as an Effective Date
note under section 1602 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Section 2 of Pub. L. 88-439 provided that: "The amendment made by
this Act to section 1332(c), title 28, United States Code, applies
only to causes of action arising after the date of enactment of
this Act [Aug. 14, 1964]."
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.
(!1) So in original. Probably should be preceded by "section".
(!2) So in original. Probably should be "77p(f)(3)".