Breuer v. Jim's Concrete of Brevard, Inc., 538 U.S. 691, 6 (2003)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

696

BREUER v. JIM'S CONCRETE OF BREVARD, INC.

Opinion of the Court

for purposes of 28 U. S. C. § 1441(a), then the requirement of an "expres[s] provi[sion]" would call for nothing more than a "provision," pure and simple, leaving the word "expressly" with no consequence whatever. "[E]xpres[s] provi[sion]" must mean something more than any verbal hook for an argument.

The need to take the express exception requirement seriously is underscored by examples of indisputable prohibitions of removal in a number of other statutes. Section 1445, for example, provides that

"(a) A civil action in any State court against a railroad or its receivers or trustees . . . may not be removed to any district court of the United States.

"(b) A civil action in any State court against a carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments . . . may not be removed to any district court of the United States unless the matter in controversy exceeds $10,000, exclusive of interest and costs.

"(c) A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States.

"(d) A civil action in any State court arising under . . . the Violence Against Women Act of 1994 may not be removed to any district court of the United States."

See also 15 U. S. C. § 77v(a) ("[N]o case arising under [the Securities Act of 1933] and brought in any State court of competent jurisdiction shall be removed to any court of the United States"); § 1719 ("No case arising under [the Interstate Land Sales Full Disclosure Act] and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where the United States or any officer or employee of the United States in his official capacity is a party"); § 3612 ("No case arising under [the Condominium and Cooperative Abuse Relief Act of 1980] and

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: October 4, 2007