H.R. 394 (112th): Federal Courts Jurisdiction and Venue Clarification Act of 2011

Introduced:
Jan 24, 2011 (112th Congress, 2011–2013)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 112-63.
Sponsor
Lamar Smith
Representative for Texas's 21st congressional district
Party
Republican
Text
Read Text »
Last Updated
Dec 02, 2011
Length
8 pages
Related Bills
H.R. 4113 (111th) was a previous version of this bill.

Passed House
Last Action: Sep 28, 2010

S. 1636 (identical)

Reported by Committee
Last Action: Oct 13, 2011

 
Status

This bill was enacted after being signed by the President on December 7, 2011.

Progress
Introduced Jan 24, 2011
Referred to Committee Jan 24, 2011
Reported by Committee Jan 26, 2011
Passed House Feb 28, 2011
Passed Senate with Changes Oct 31, 2011
House Agreed to Changes Nov 18, 2011
Signed by the President Dec 07, 2011
 
Full Title

To amend title 28, United States Code, to clarify the jurisdiction of the Federal courts, and for other purposes.

Summary

No summaries available.

Votes
On Motion to Suspend the Rules and Pass, as Amended
Feb 28, 2011 6:55 p.m.
Passed 402/0

Cosponsors
3 cosponsors (2D, 1R) (show)
Committees

House Judiciary

Courts, Intellectual Property, and the Internet

Senate Judiciary

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


12/7/2011--Public Law.
(This measure has not been amended since it was amended by the House on November 18, 2011. The summary of that version is repeated here.)
Federal Courts Jurisdiction and Venue Clarification Act of 2011 -
Title I - Jurisdictional Improvements
Section 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.
Section 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.
Section 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 filing 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 district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.
Title II - Venue and Transfer Improvements
Section 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.
Section 203 -
Repeals the "local action" 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.
Section 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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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