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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (7)

Popular Titles

Class Action Lawsuits bill (Identified by CRS)

Short Titles

Short Titles as Enacted

Class Action Fairness Act of 2005

Short Titles - House of Representatives

Short Titles as Passed House

Class Action Fairness Act of 2005

Short Titles - Senate

Short Titles as Passed Senate

Class Action Fairness Act of 2005

Short Titles as Reported to Senate

Class Action Fairness Act of 2005

Short Titles as Introduced

Class Action Fairness Act of 2005

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to amend the procedures that apply to consideration of interstate class actions to assure fairer outcomes for class members and defendants, and for other purposes.


Actions Overview (8)

Date Actions Overview
02/28/2005By Senator Specter from Committee on the Judiciary filed written report. Report No. 109-14. Additional and Minority views filed.
02/18/2005Became Public Law No: 109-2. (TXT | PDF)
02/18/2005Signed by President.
02/17/2005Presented to President.
02/17/2005Passed/agreed to in House: On passage Passed by the Yeas and Nays: 279 - 149 (Roll no. 38).(text: CR H723-726)
02/10/2005Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 72 - 26. Record Vote Number: 9.(text: CR S1249-1252)
02/03/2005Committee on the Judiciary. Reported by Senator Specter without amendment. Without written report.
01/25/2005Introduced in Senate

All Actions (43)

Date Chamber All Actions
02/28/2005SenateBy Senator Specter from Committee on the Judiciary filed written report. Report No. 109-14. Additional and Minority views filed.
02/18/2005Became Public Law No: 109-2. (TXT | PDF)
02/18/2005Signed by President.
02/17/2005SenatePresented to President.
02/17/2005-1:46pmHouseMotion to reconsider laid on the table Agreed to without objection.
02/17/2005-1:46pmHouseOn passage Passed by the Yeas and Nays: 279 - 149 (Roll no. 38). (text: CR H723-726)
02/17/2005-1:37pmHouseOn motion to commit with instructions Failed by recorded vote: 175 - 249 (Roll no. 37). (consideration: CR H752-754)
02/17/2005-1:20pmHouseThe previous question on the motion to commit with instructions was ordered without objection.
02/17/2005-1:07pmHouseDEBATE - The House proceeded with 10 minutes of debate on the Brown (OH) motion to commit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with amendments which provide that the term "class action" does not include any action arising by reason of the use of the drug Vioxx.
02/17/2005-1:05pmHouseMr. Brown (OH) moved to commit with instructions to Judiciary.
02/17/2005-1:05pmHouseH.Amdt.11 On agreeing to the Conyers amendment (A001) Failed by the Yeas and Nays: 178 - 247 (Roll no. 36).
02/17/2005-11:53amHouseDEBATE - Pursuant to the provisions of H. Res. 96, the House proceeded with forty minutes of debate on the Conyers amendment in the nature of a substitute. (text: CR H743-746)
02/17/2005-11:53amHouseH.Amdt.11 Amendment (A001) in the nature of a substitute offered by Mr. Conyers.
02/17/2005-10:16amHouseDEBATE - The House proceeded with one hour and thirty minutes of debate on S. 5.
02/17/2005-10:15amHouseRule provides for consideration of S. 5 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions. Measure will be considered read. A specified amendment is in order.
02/17/2005-10:15amHouseConsidered under the provisions of rule H. Res. 96. (consideration: CR H723-755)
02/16/2005-12:16pmHouseRule H. Res. 96 passed House.
02/15/2005-7:40pmHouseRules Committee Resolution H. Res. 96 Reported to House. Rule provides for consideration of S. 5 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions. Measure will be considered read. A specified amendment is in order.
02/14/2005-3:57pmHouseHeld at the desk.
02/14/2005SenateMessage on Senate action sent to the House.
02/14/2005-12:02pmHouseReceived in the House.
02/10/2005SenatePassed Senate without amendment by Yea-Nay Vote. 72 - 26. Record Vote Number: 9. (text: CR S1249-1252)
02/10/2005SenateS.Amdt.3 Proposed amendment SA 3 withdrawn in Senate.
02/10/2005SenateS.Amdt.12 Amendment SA 12 not agreed to in Senate by Yea-Nay Vote. 37 - 61. Record Vote Number: 8.
02/10/2005SenateConsidered by Senate. (consideration: CR S1225-1252)
02/10/2005SenateS.Amdt.3 Considered by Senate. (consideration: CR S1225)
02/10/2005SenateS.Amdt.12 Considered by Senate. (consideration: CR S1225, S1231-1232)
02/09/2005SenateS.Amdt.12 Amendment SA 12 proposed by Senator Feingold. (consideration: CR S1184; text: CR S1184) To establish time limits for action by Federal district courts on motions to remand cases that have been removed to Federal court.
02/09/2005SenateS.Amdt.4 Amendment SA 4 not agreed to in Senate by Yea-Nay Vote. 38 - 61. Record Vote Number: 7.
02/09/2005SenateS.Amdt.2 Amendment SA 2 not agreed to in Senate by Yea-Nay Vote. 40 - 59. Record Vote Number: 6.
02/09/2005SenateS.Amdt.4 Amendment SA 4 proposed by Senator Feinstein. (consideration: CR S1166-1171, S1183-1184; text: CR S1166) To clarify the application of State law in certain class actions, and for other purposes.
02/09/2005SenateS.Amdt.2 Amendment SA 2 proposed by Senator Kennedy. (consideration: CR S1165-1166, S1180-1183; text: CR S1165) To amend the definition of class action in title 28, United States Code, to exclude class actions relating to civil rights or the payment of wages.
02/09/2005SenateS.Amdt.5 Motion to table amendment SA 5 agreed to in Senate by Yea-Nay Vote. 60 - 39. Record Vote Number: 5.
02/09/2005SenateS.Amdt.5 Amendment SA 5 proposed by Senator Pryor. (consideration: CR S1157-1165; text: S1157) To exempt class action lawsuits brought by the attorney general of any State from the modified civil procedures required by this Act.
02/09/2005SenateConsidered by Senate. (consideration: CR S1150-1152, S1157-1189)
02/09/2005SenateS.Amdt.3 Considered by Senate. (consideration: CR S1157)
02/08/2005SenateS.Amdt.3 Amendment SA 3 proposed by Senator Durbin. (consideration: CR S1101, S1110; text: CR S1101; text as modified: CR S1110) To preserve State court procedures for handling mass actions.
02/08/2005SenateConsidered by Senate. (consideration: CR S1076-1086, S1086-1110)
02/07/2005SenateMeasure laid before Senate by unanimous consent. (consideration: CR S999-1009)
02/03/2005SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 1.
02/03/2005SenateCommittee on the Judiciary. Reported by Senator Specter without amendment. Without written report.
02/03/2005SenateCommittee on the Judiciary. Ordered to be reported without amendment favorably.
01/25/2005SenateRead twice and referred to the Committee on the Judiciary.

Cosponsors (33)


Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Related Documents
Senate Judiciary01/25/2005 Referred to
02/03/2005 Markup by
02/03/2005 Reported by S. Rept. 109-14

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Latest Summary (5)

There are 5 summaries for S.5. View summaries

Shown Here:
Public Law No: 109-2 (02/18/2005)

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

Class Action Fairness Act of 2005 - (Sec. 3) 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 serving notices of proposed settlements on appropriate State and Federal officials. Prohibits issuance of an order giving final approval to a proposed settlement earlier than 90 days after such service. Allows class members to refuse compliance with settlement agreements or consent decrees absent notice.

(Sec. 4) Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that 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, in the interests of justice and based on the totality of the circumstances, decline to exercise jurisdiction over a class action in which more than one-third but less than two-thirds of the members of the proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed, based on consideration of whether: (1) the claims involve matters of national or interstate interest; (2) the claims will be governed by laws of the State where the action was originally filed or by the laws of other States; (3) the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction; (4) the action was brought in a forum with a distinct nexus with the class members, the alleged harm, or the defendants; (5) the number of citizens of the State of original filing in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State and the citizenship of other proposed class members is dispersed; and (6) during the three-year period preceding filing, one or more other class actions asserting the same or similar claims on behalf of the same persons have been filed.

Specifies those circumstances in which a district court must decline jurisdiction, including those class actions in which: (1) more than two-thirds of the members of the proposed plaintiff classes in the aggregate are citizens of the State where the action was originally filed, at least one defendant is a defendant from whom significant relief is sought, whose alleged conduct forms a significant basis for the claims asserted, and who is a citizen of the State where the action was originally filed, and principal injuries resulting from the alleged or related conduct were incurred in such State; and (2) during the three-year period preceding filing, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons; or (3) two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State where the action was originally filed.

Makes provisions of this Act concerning the application of Federal diversity jurisdiction applicable to any class action before or after entry of a class certification order.

(Sec. 5) Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.

(Sec. 6) 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.

(Sec. 7) States that amendments to Federal Rule of Civil Procedure 23 (governing class actions) set forth in the Supreme Court order entered on March 27, 2003, shall take effect on the date of enactment of this Act or on December 1, 2003, whichever occurs first.

(Sec. 8) Retains the authority of the Supreme Court and Judicial Conference to propose and prescribe general rules of practice and procedure.