To amend title 28, United States Code, to prevent fraudulent joinder.
Fraudulent Joinder Prevention Act of 2016
(Sec. 2) This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought.Joinder of such a defendant is fraudulent if the court finds:
In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties.
A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.
Motion to reconsider laid on the table Agreed to without objection.
DEBATE - Pursuant to the provisions of H.Res. 618, the Committee of the Whole proceeded with 10 minutes of debate on the Buck (CO) amendment No. 1.
DEBATE - Pursuant to the provisions of H. Res 618, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright (PA) amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendement No. 2 the Chair put the question on adoption of the amendment and by voice vote annouced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mr. Buck moved that the Committee rise.
On motion that the Committee rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 3624 as unfinished business.
Considered as unfinished business. (consideration: CR H915-918)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3624.
The previous question was ordered pursuant to the rule. (consideration: CR H916)
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. (text of amendment in the nature of a substitute: CR H913)
Mrs. Watson Coleman moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H916; text: CR H916)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watson Coleman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exemption to the underlying bill for cases in which the plaintiff seeks relief in connection with the sexual abuse or exploitation of a minor.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H917)
On motion to recommit with instructions Failed by recorded vote: 180 - 239 (Roll no. 88).
Roll Call #88 (House)Passed/agreed to in House: On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
Roll Call #89 (House)On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
Roll Call #89 (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.