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 for other purposes.
(This measure has not been amended since it was reported to the House on February 10, 2004. The summary of that version is repeated here.)
Multidistrict Litigation Restoration Act of 2004 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.
Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-416.
Reported (Amended) by the Committee on Judiciary. H. Rept. 108-416.
Placed on the Union Calendar, Calendar No. 239.
Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H1377-1379)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 1768.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H1395)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 79).(text: CR H1377)
Roll Call #79 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 79). (text: CR H1377)
Roll Call #79 (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.