S.12 - Class Action Fairness Act of 2004108th Congress (2003-2004)
|Sponsor:||Sen. Grassley, Chuck [R-IA] (Introduced 11/19/2004)|
|Committees:||Senate - Judiciary|
|Latest Action:||11/19/2004 Read twice and referred to the Committee on the Judiciary. (All Actions)|
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Summary: S.12 — 108th Congress (2003-2004)All Information (Except Text)
Introduced in Senate (11/19/2004)
Class Action Fairness Act of 2004 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members.
Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
Specifies requirements for notices of proposed settlements.
Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects.
Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction.
Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.
Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.