Legislative History
POL 120
H.R. 394 (112th Congress)
The Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA) also known as the Removal Clarification Act of 2011 was introduced to the United States Congress by Mr. Johnson of Georgia (a representative of (R-TX) Rep. Lamar Smith). It is considered as the embodiment of some of the most far-reaching packages or collection of revisions to the Judicial Code, even more far-reaching than the Judicial Improvements Act of 1990. This bill clarified the jurisdictional statutes pertaining to the operations of the federal courts, and allows for the identification of the right federal and state court in which actions may be brought. Its importance emanated from the belief by judges that the current rules put pressure on them to waste time in determining issues pertaining to jurisdiction while jeopardizing the adjudication of the predisposing litigation. The contents of the bill were founded on recommendations that the United States Judicial Conference made and approved.
Of particular note is that the bill introduces amendments that mainly deal with removal and venue. The act is a revision of the notoriously problematic “separate and independent” claim provision in section 1441(c), underlining the removal or eliminations of civil actions including federal, as well as, unrelated state claims (Hellman 7). The new provision requires remand and severance of claims that are not within the supplemental or original jurisdiction of the district court to protect the rights of the defendant to remove federal claims, and avert the possibility of constitutional problems perceived by some courts (House of Representatives 3). In addition, the Act codifies the “rule of unanimity” created by the judiciary for removal in cases that involve multiple defendants. It offers thirty days to every defendant in which they are supposed to initiate removal; thereby, solving a longstanding conflict present in the lower courts pertaining to the deadline
H.R. 394 (112th Congress)
The Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA) also known as the Removal Clarification Act of 2011 was introduced to the United States Congress by Mr. Johnson of Georgia (a representative of (R-TX) Rep. Lamar Smith). It is considered as the embodiment of some of the most far-reaching packages or collection of revisions to the Judicial Code, even more far-reaching than the Judicial Improvements Act of 1990. This bill clarified the jurisdictional statutes pertaining to the operations of the federal courts, and allows for the identification of the right federal and state court in which actions may be brought. Its importance emanated from the belief by judges that the current rules put pressure on them to waste time in determining issues pertaining to jurisdiction while jeopardizing the adjudication of the predisposing litigation. The contents of the bill were founded on recommendations that the United States Judicial Conference made and approved.
Of particular note is that the bill introduces amendments that mainly deal with removal and venue. The act is a revision of the notoriously problematic “separate and independent” claim provision in section 1441(c), underlining the removal or eliminations of civil actions including federal, as well as, unrelated state claims (Hellman 7). The new provision requires remand and severance of claims that are not within the supplemental or original jurisdiction of the district court to protect the rights of the defendant to remove federal claims, and avert the possibility of constitutional problems perceived by some courts (House of Representatives 3). In addition, the Act codifies the “rule of unanimity” created by the judiciary for removal in cases that involve multiple defendants. It offers thirty days to every defendant in which they are supposed to initiate removal; thereby, solving a longstanding conflict present in the lower courts pertaining to the deadline
Cited: Legislative Digest. H.R. 394. Federal Courts Jurisdiction and Venue Clarification Act of 2011. Legislative Digest, 2011. Web http://www.gop.gov/bill/112/1/hr394 Hellman, Arthur. The Federal Courts Jurisdiction and Venue Clarification Act is Now Law. Jurist, 2011. Web http://jurist.org/forum/2011/12/arthur-hellman-jvca.php House of Representatives. Federal Courts Jurisdiction and Venue Clarification Act of 2011. Web http://www.congress-summary.com/B-112th