§1719 — Title 15 Commerce and Trade | U.S. Code

Summary

Gives federal district courts, federal territorial courts, and the U.S. District Court for the District of Columbia the power to handle crimes and violations under this chapter and the rules the Director makes, and lets them share authority with state courts over lawsuits that enforce duties the chapter creates. Such a lawsuit can be filed where the defendant lives, is found, does business, or where the offer or sale happened if the defendant took part. Papers can be served wherever the defendant lives or is found. Judgments can be appealed as allowed in sections 1254 and 1291 of title 28. A case filed in state court cannot be moved to federal court unless the United States or a federal officer is a party. The Director cannot be charged costs or recover costs in proceedings brought by or against the Director in the Supreme Court or other courts.

Title 15, §1719

Commerce and Trade — Source: USLM XML via OLRC

The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction of offenses and violations under this chapter and under the rules and regulations prescribed by the Director pursuant thereto, and concurrent with State courts, of all suits in equity and actions at law brought to enforce any liability or duty created by this chapter. Any such suit or action may be brought to enforce any liability or duty created by this chapter. Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in section 1254 and 1291 of title 28. No case arising under this chapter 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. No costs shall be assessed for or against the Director in any proceeding under this chapter brought by or against him in the Supreme Court or such other courts.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pub. L. 111–203 substituted “Director” for “Secretary” in two places. 1988—Pub. L. 100–628 struck out “(a)” after section designation.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Effective Date

Section effective upon the expiration of two hundred and seventy days after Aug. 1, 1968, see section 1423 of Pub. L. 90–448, set out as a note under section 1701 of this title.

§1719 Jurisdiction of Offenses and Suits

Summary

Title 15, §1719

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata