28 U.S. Code § 1335 - Interpleader - LII / Legal Information Institute
(a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 ...
What is the difference between Statutory Interpleader and Rule ...
A federal court can hear a Rule Interpleader case if there is (i) complete diversity; and (ii) the amount in controversy is greater than $75,000. Complete diversity means that the stakeholder is not a citizen of the same state as any of the competing claimants. Amount in controversy means the value of the property that the competing claimants ...
28 U.S.C. 1335: Federal Interpleader Jurisdiction Explained
By utilizing federal interpleader, courts can efficiently determine rightful ownership while protecting stakeholders from inconsistent obligations. Purpose of Interpleader. Interpleader protects a stakeholder from multiple liabilities when faced with competing claims over the same asset. Without it, a stakeholder could be forced to defend ...
Rule 22 – Interpleader - Federal Rules of Civil Procedure
Purpose of Interpleader: The primary purpose of Rule 22 is to provide a stakeholder, who holds property or money claimed by two or more parties, with a way to avoid the risk of inconsistent judgments and the burden of defending multiple claims in different courts. By using interpleader, the stakeholder can deposit the disputed asset with the ...
Interpleader - Wikipedia
Federal courts have held that because of the deposit of the res with the court an interpleader action is an action to determine the validity of competing claims to identified property that served may be under 28 U.S.C. § 1655 which authorize other forms of service to obtain in rem jurisdiction over absent defendants. [27]
Court Holds That Filing An Interpleader Complaint Is Not An Actionable ...
The claimants are given the right to litigate their claims and will be bound by the decision of the court. Under federal law, there are two forms of interpleader: rule interpleader, under Federal Rule of Civil Procedure 22; and statutory interpleader, under 28 U.S.C. § 1335. Both serve the same function of joining two or more adverse claimants ...
Catch Rule 22: When Interpleader Actions Violate Statutory and ...
They can be brought under Congress’s Federal Interpleader Act, which confers jurisdiction on the federal courts to hear interpleader actions in which at least one claimant is diverse from another adverse claimant and $500 is at stake. Alternatively, interpleader actions can be brought pursuant to Rule 22 of the Federal Rules of Civil Procedure.
interpleader | Wex | US Law | LII / Legal Information Institute
An interpleader is a type of joinder device available in a civil action , and can be brought by either the plaintiff or the defendant . In federal actions, interpleader actions are governed by either Rule 22 of the Federal Rules of Civil Procedure or 28 U.S. Code §1335 , depending on the amount in controversy and the diversity of citizenship ...
Complaint for Interpleader and Declaratory Relief - United States Courts
The forms do not try to cover every type of case. They are limited to types of cases often filed in federal courts by those who represent themselves or who may not have much experience in federal courts. Not Legal Advice. ... Complaint for Interpleader and Declaratory Relief Complaint for Interpleader and Declaratory Relief. Download docx, 55. ...
Interpleader - blog.counselstack.com
Legal Framework for Interpleader Actions Federal Rule of Civil Procedure 22. The primary federal authority governing interpleader actions is Rule 22 of the Federal Rules of Civil Procedure.This rule allows a plaintiff or defendant exposed to double or multiple liability to initiate an interpleader action, even if the claims of the competing parties lack a common origin or are adverse and ...
Interpleader in Federal Court | Practical Law The Journal | Reuters
An overview of interpleader actions in federal district court, in which an individual or entity holding property or controlling a right that is subject to competing claims files suit to have the ...
Federal Interpleader – Two Ways to Go – by S. Craig Panter
Party A is in possession of money. Parties B, C and D each contend that the money belongs to them. In this scenario, Party A is called the “stakeholder”. Rather than forcing Party A to decide who gets the money, federal law will allow Party A to deposit the money with the federal court and [..] The post Federal Interpleader – Two Ways to Go – by S. Craig Panter appeared first on Panter ...
Complaint for Interpleader and Declaratory Relief - United States Courts
’ I am bringing this interpleader action under 28 U.S.C. § 1335. (Fill out Section B below.) A. Interpleader Action Under Rule 22 1. Jurisdiction is proper because the action (check all that apply): ’ arises under a federal statute, a federal treaty, and/or a provision of the United States
Statutory interpleader in federal court - Free Online Library
Society v. Miller, 229 F. Supp. 1018, 1020 (D. Minn. 1964) ("The availability of nationwide service of process under the Federal interpleader (28 U.S.C. [section] 2361) provides a party who may be subjected to multiple liability with a remedy in Federal courts which would be otherwise unavailable to him in any State court"). (14) Id.
Interpleader Actions: Precedent, Practice, and Procedure
Federal Rule of Civil Procedure 22 governs interpleader actions in federal court, while state courts have concurrent jurisdiction. Stakeholders must navigate strategic litigation approaches, manage joinder of parties and claims, and employ dispute resolution strategies to achieve a fair and just resolution, and uncovering the intricacies of ...
THE “ADVERSE CLAIMANT” AND DIVERSITY JURISDICTION UNDER THE FEDERAL ...
The interpleader action was filed under 28 U.S.C. § 1335, which requires: (1) minimal diversity jurisdiction between “[t]wo or more adverse claimants,” (2) a value of $500 or more in controversy, and (3) a deposit in court by the plaintiff of the amount in dispute or a bond. 2 The federal district court sua sponte dismissed the action due ...
28a U.S. Code Court Rule 22 - Interpleader - LII / Legal Information ...
Court Rules Civil. FEDERAL RULES OF CIVIL PROCEDURE; TITLE IV; Rule 22; 28a U.S. Code Court Rule 22 - Interpleader . U.S. Code ; Notes ... (Interpleader of conflicting claimants) (by carrier which has issued bill of lading). See Chafee, The Federal Interpleader Act of 1936: I and II (1936), 45 Yale L.J. 963, 1161. Notes of Advisory Committee on ...
28 U.S.C. Appendix, Federal Rules of Civil Procedure, Rule 22 (2023 ...
See Chafee, The Federal Interpleader Act of 1936: I and II (1936), 45 Yale L.J. 963, 1161. NOTES OF ADVISORY COMMITTEE ON RULES—1948 AMENDMENT. The amendment substitutes the present statutory reference. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT. The amendment is technical. No substantive change is intended.
Continental Resources, Inc. v. United States, No. 23-2249 (8th Cir ...
The United States removed the interpleader action to federal court and moved to dismiss based on sovereign immunity. The United States District Court for the District of North Dakota denied the motion, holding that under 28 U.S.C. § 2410(a)(5), the United States waived sovereign immunity because North Dakota law created a lien in favor of the ...