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Removal jurisdiction in cases involving federal agencies or officers who are named as defendants in civil suits or criminally prosecuted is also governed by 28 U.S.C. § 1442, known as the federal-officer removal statute, [11] as well as removal under 28 U.S.C. § 1446.
Justice Ginsburg stated that the notice requirements in 28 U.S.C. § 1446 are modeled after the general pleading requirements in Rule 8(a) of the Federal Rules of Civil Procedure, and that congress intended for courts to "apply the same liberal rules [to removal allegations] that are applied to other matters of pleading". [27]
The IRS sent notice of the tax sale by certified mail. At the tax sale the IRS sold the property to Darue Engineering and Manufacturing. Grable later brought a quiet title action in state court, alleging that the IRS sale was invalid. Grable argued that, under 26 U.S.C. § 6335, the IRS was required to give notice to Grable by personal service ...
Caterpillar Inc. v. Lewis, 519 U.S. 61 (1996), held that federal jurisdiction predicated on diversity of citizenship can be sustained even if there did not exist complete diversity at the time of removal to federal court, so long as complete diversity exists at the time the district court enters judgment.
Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system. It is divided into six parts: Part I: Organization of Courts; Part II: Department of Justice; Part III: Court Officers and Employees; Part IV: Jurisdiction and Venue; Part V: Procedure
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
A statue of Robert Widney was removed for maintenance, USC officials say. Widney was connected to groups that carried out extralegal lynchings. Statue of controversial USC founder removed from campus
Government patent use law is a statute codified at 28 USC § 1498(a) [1] that is a "form of government immunity from patent claims." [2] [1] Section 1498 gives the federal government of the United States the "right to use patented inventions without permission, while paying the patent holder 'reasonable and entire compensation' which is usually "set at ten percent of sales or less".