Federal Courts Jurisdiction and Venue Clarification Act of 2010

Bill: 111-hr-4113
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2009-11-19 in the House
Policy area: Law
Subjects: Civil actions and liability
Criminal procedure and sentencing
Federal district courts
Foreign and international corporations
Immigration status and procedures
Insurance industry and regulation
Judicial procedure and administration
Jurisdiction and venue

Summary:
action_date: 2009-11-19
text: 
Federal Courts Jurisdiction and Venue Clarification Act of 2009 - Amends the federal judicial code to revise specified jurisdictional, venue, and transfer rules in civil litigation with respect to: (1) treatment of resident aliens; (2) denial of district court original jurisdiction of an action between a citizen of a state and a resident alien domiciled in the same state; (3) citizenship rules for corporations and insurance companies with foreign contacts; (4) removal procedures for civil and criminal actions and summary remand; (5) indexing of the amount in controversy; and (6) the use of declarations to specify damages. 
 

 

action_date: 2010-09-28
text: 
Federal Courts Jurisdiction and Venue Clarification Act of 2010 - 
Title I: Jurisdictional Improvements
 - (Sec. 101) Amends the federal judicial code to declare that, with respect to diversity of citizenship, the U.S. district courts shall not have original jurisdiction of any civil action between citizens of a state and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same state.
 
(Sec. 102) Modifies the citizenship rules to treat corporations as citizens of any foreign state: (1) by which it has been incorporated; and (2) where it has its principal place of business. Treats insurers as citizens of any foreign state: (1) of which the insured is a citizen; (2) by which the insurer has been incorporated; and (3) where the insurer has its principal place of business.
 
(Sec. 103) Separates the removal requirements governing civil cases and those governing criminal cases into two separate categories.
 
Declares that, upon removal of any civil action with both removable and nonremovable claims, the district court shall sever from the action all nonremovable claims and remand them to the state court from which the action was removed. Requires only defendants against whom a removable claim has been asserted to join in or consent to removal of the action.
 
Prescribes requirements for the filing of notices of removal, including assertion in the notice of the amount in controversy, when it exceeds the necessary amount, if the initial pleading seeks: (1) nonmonetary relief; or (2) a money judgment, but the state practice either does not permit demand for a specific sum or permits recovery of damages in excess of the amount demanded.
 
Allows removal of a case based on diversity of citizenship more than one year after commencement of the action if the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.
 

Title II: Venue and Transfer Improvements
 - (Sec. 202) Revises general requirements for the scope of venue of civil actions. Requires the proper venue of any civil action brought in a U.S. district court to be determined without regard to whether the action is local or transitory in nature. 
(Sec. 203) Repeals the &quot;local action&quot; rule that any civil action, of a local nature, involving property located in different districts in the same state, may be brought in any of such districts. 
(Sec. 204) Allows a district court to transfer a civil action to any district or division to which all parties have consented. 
Prohibits transfers from a U.S. District court to the District Court of Guam, the District Court for the Northern Mariana Islands, or the District Court of the Virgin Islands.

Legislative actions:
action_date: 2010-09-29
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2010-09-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-09-28
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7161-7163)
action_date: 2010-09-28
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7161-7163)
action_date: 2010-09-28
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 4113.
action_date: 2010-09-28
text: Considered under suspension of the rules. (consideration: CR H7161-7164)
action_date: 2010-09-28
text: Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
action_date: 2010-01-04
text: Referred to the Subcommittee on Courts and Competition Policy.
action_date: 2009-11-19
text: Referred to the House Committee on the Judiciary.
action_date: 2009-11-19
text: Introduced in House
action_date: 2009-11-19
text: Introduced in House