S.1135 - Trade and Professional Association Free Flow of Information Act of 1997105th Congress (1997-1998)
|Sponsor:||Sen. McConnell, Mitch [R-KY] (Introduced 07/31/1997)|
|Committees:||Senate - Judiciary|
|Latest Action:||10/13/1998 Referred to Subcommittee on Technology, Terrorism, Government. (All Actions)|
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Summary: S.1135 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in Senate (07/31/1997)
Trade and Professional Association Free Flow of Information Act of 1997 - Exempts a trade or professional association from civil liability relating to harm caused by the provision of specified information by the trade or professional association to a member of the trade or professional association.
Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding against the trade or professional association on the ground that the claim is based on an act with respect to which the association is exempt from liability under this Act.
Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified exemption of such associations from third-party discovery; (3) a special motion to quash a subpoena on the grounds that the trade or professional association is exempt from any third-party discovery request; (4) procedures with respect to a special motion to quash; (5) the right of such associations to object under rule 45 of the Federal Rules of Procedure or any similar rule or procedure under applicable State law; (6) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving the quality, performance, or defect of a product; (7) election of a State to be exempt from the requirements of this Act with respect to any civil action in a State court in which all of the parties are citizens of that State; and (8) preemption of State laws.