To amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and to provide for Federal jurisdiction of certain multiparty, multiforum civil actions.
Grants Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the injury has resulted in damages which exceed $150,000 per person and minimal diversity of citizenship (as prescribed in this Act) exists. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. Permits any person with a claim arising from such an accident to intervene as a party plaintiff, even if that person could not have brought an action in district court as an original matter. Requires a federal district court in which such an action is pending to notify the judicial panel on multidistrict litigation. Authorizes venue for such action in any district in which a defendant resides or in which a substantial part of the accident occurred.
Permits a district court to retain such actions for the determination of liability and punitive damages. Calls for remand of determinations of damages other than punitive damages, including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the action for the determination of such damages as well.
Permits removal of actions which could have been brought in district court under the above provisions from State to U.S. district courts. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.
Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.
Became Public Law No: 107-273.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E280)
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 107-14.
Reported by the Committee on Judiciary. H. Rept. 107-14.
Placed on the Union Calendar, Calendar No. 9.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H893-898)
DEBATE - The House proceeded with forty minutes of debate on H.R. 860.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H893-894)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H893-894)
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.
For Further Action See H.R.2215.