To amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, to outlaw certain practices that provide inadequate settlements for class members, to assure that attorneys do not receive a disproportionate amount of settlements at the expense of class members, to provide for clearer and simpler information in class action settlement notices, to assure prompt consideration of interstate class actions, to amend title 28, United States Code, to allow the application of the principles of Federal diversity jurisdiction to interstate class actions, and for other purposes.
Grants the district courts original jurisdiction of any civil action in which the matter in controversy exceeds $2 million, exclusive of interest and costs, and is a class action in which any member of a class of plaintiffs is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. Lists exceptions, such as where a class action brought by shareholders solely involves a claim concerning a covered security or relating to the internal governance of a corporation.
Sets forth procedures for removal of interstate class actions to U.S. district court and for review of orders remanding class actions to State courts. Prohibits a plaintiff class member who is not a named or representative class member of the action from seeking removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.
Grants the courts of appeals jurisdiction of appeals from orders of the U.S. district courts granting or denying class certification under rule 23 of the Federal Rules of Civil Procedure, if notice of appeal is filed within ten days after entry of the order.
Requires the Judicial Conference of the United States, with the assistance of the Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts, to prepare and transmit to the Senate and House Judiciary Committees a report on class action settlements in the Federal courts.
VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Lofgren demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Conyers demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Conyers amendment.
DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Jackson-Lee, (TX) amendment.
VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson-Lee of Texas demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Frank amendment.
VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Frank demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
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DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Hart amendment.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2341.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Sandlin moved to recommit with instructions to Judiciary.
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion require the bill to be reported back to the House with an amendment providing that any defendant who is a knowing participant in any conspiracy to hijack any aircraft or commit an act of terrorism shall not be entitled to remove a class action to federal court pursuant to section 1332(d) of title 28, as added by section 4 of the bill.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 191 - 235 (Roll no. 61).
Roll Call #61 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 190 (Roll no. 62).
Roll Call #62 (House)On passage Passed by the Yeas and Nays: 233 - 190 (Roll no. 62).
Roll Call #62 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Hearings held.