28 U.S.C. § 1453 : US Code - Section 1453: Removal of class actions
Search 28 U.S.C. § 1453 : US Code - Section 1453: Removal of class actions
(a) Definitions. - In this section, the terms "class", "class
action", "class certification order", and "class member" shall have
the meanings given such terms under section 1332(d)(1).
(b) In General. - A class action may be removed to a district
court of the United States in accordance with section 1446 (except
that the 1-year limitation under section 1446(b) shall not apply),
without regard to whether any defendant is a citizen of the State
in which the action is brought, except that such action may be
removed by any defendant without the consent of all defendants.
(c) Review of Remand Orders. -
(1) In general. - Section 1447 shall apply to any removal of a
case under this section, except that notwithstanding section
1447(d), a court of appeals may accept an appeal from an order of
a district court granting or denying a motion to remand a class
action to the State court from which it was removed if
application is made to the court of appeals not less than 7 days
after entry of the order.
(2) Time period for judgment. - If the court of appeals accepts
an appeal under paragraph (1), the court shall complete all
action on such appeal, including rendering judgment, not later
than 60 days after the date on which such appeal was filed,
unless an extension is granted under paragraph (3).
(3) Extension of time period. - The court of appeals may grant
an extension of the 60-day period described in paragraph (2) if -
(A) all parties to the proceeding agree to such extension,
for any period of time; or
(B) such extension is for good cause shown and in the
interests of justice, for a period not to exceed 10 days.
(4) Denial of appeal. - If a final judgment on the appeal under
paragraph (1) is not issued before the end of the period
described in paragraph (2), including any extension under
paragraph (3), the appeal shall be denied.
(d) Exception. - This section shall not apply to any class action
that solely involves -
(1) a claim concerning a covered security as defined under
section 16(f)(3) of the Securities Act of 1933 (15 U.S.C.
78p(f)(3) (!1)) and section 28(f)(5)(E) of the Securities
Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E));
(2) a claim that relates to the internal affairs or governance
of a corporation or other form of business enterprise and arises
under or by virtue of the laws of the State in which such
corporation or business enterprise is incorporated or organized;
(3) a claim that relates to the rights, duties (including
fiduciary duties), and obligations relating to or created by or
pursuant to any security (as defined under section 2(a)(1) of the
Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations
Removal of claims related to bankruptcy cases
District courts; removal of cases from state courts