To amend title 28, United States Code, to prevent fraudulent joinder.
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)
Innocent Party Protection Act
(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. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced 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. Farenthold 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. 725 as unfinished business.
Considered as unfinished business. (consideration: CR H2000-2004)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
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UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
The previous question was ordered pursuant to the rule.
Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
Roll Call #151 (House)Passed/agreed to in House: On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
Roll Call #152 (House)On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
Roll Call #152 (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.