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Summary (3)

There are 3 summaries for H.R.725. View summaries

Shown Here:
Passed House without amendment (03/09/2017)

(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:

  • actual fraud in the pleading of jurisdictional facts with respect to that defendant,
  • state law would not plausibly impose liability on that defendant,
  • state or federal law bars all claims in the complaint against that defendant, or
  • no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.

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.


Actions Overview (3)

Date
03/09/2017 Passed/agreed to in House: On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
02/24/2017 Reported by the Committee on Judiciary. H. Rept. 115-17.
01/30/2017 Introduced in House

All Actions (35)

Date Chamber
03/13/2017 Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary.
03/09/2017-7:20pm House Motion to reconsider laid on the table Agreed to without objection.
03/09/2017-7:20pm House On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
03/09/2017-7:14pm House On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
03/09/2017-7:09pm House The previous question on the motion to recommit with instructions was ordered without objection.
03/09/2017-7:06pm House 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.
03/09/2017-7:04pm House Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
03/09/2017-7:03pm House The previous question was ordered pursuant to the rule.
03/09/2017-7:03pm House The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
03/09/2017-7:03pm House H.Amdt.67 On agreeing to the Cartwright amendment (A002) Failed by recorded vote: 187 - 229 (Roll no. 150).
03/09/2017-7:00pm House H.Amdt.66 On agreeing to the Soto amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 149).
03/09/2017-6:54pm House 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.
03/09/2017-6:54pm House The House resolved into Committee of the Whole House on the state of the Union for further consideration.
03/09/2017-6:54pm House Considered as unfinished business. (consideration: CR H2000-2004)
03/09/2017-3:47pm House Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.
03/09/2017-3:47pm House On motion that the committee rise Agreed to by voice vote.
03/09/2017-3:47pm House Mr. Farenthold moved that the committee rise.
03/09/2017-3:47pm House 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.
03/09/2017-3:38pm House 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.
03/09/2017-3:37pm House H.Amdt.67 Amendment (A002) offered by Mr. Cartwright. (consideration: CR H1973-1974; H2001-2004)
03/09/2017-3:37pm House 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.
03/09/2017-3:29pm House 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.
03/09/2017-3:28pm House H.Amdt.66 Amendment (A001) offered by Mr. Soto. (consideration: CR H1972-1973; H2000-2001)
03/09/2017-2:55pm House GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.
03/09/2017-2:55pm House The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
03/09/2017-2:55pm House House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.
03/09/2017-2:55pm House Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
03/09/2017-2:55pm House Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)
03/08/2017-2:45pm House Rule H. Res. 175 passed House.
03/07/2017-7:24pm House Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
02/24/2017 House Placed on the Union Calendar, Calendar No. 5.
02/24/2017 House Reported by the Committee on Judiciary. H. Rept. 115-17.
Action By: House Judiciary
01/31/2017 House Referred to the Subcommittee on the Constitution and Civil Justice.
Action By: House Judiciary
01/30/2017 House Referred to the House Committee on the Judiciary.
01/30/2017 House Introduced in House

Titles (4)

Short Titles:

Short Titles - House of Representatives

Short Titles as Passed House:

Innocent Party Protection Act

Short Titles as Reported to House:

Innocent Party Protection Act

Short Titles as Introduced:

Innocent Party Protection Act

Official Titles:

Official Titles - House of Representatives

Official Title as Introduced:

To amend title 28, United States Code, to prevent fraudulent joinder.


Subjects (7)

  • Civil actions and liability
  • Evidence and witnesses
  • Federal district courts
  • Fraud offenses and financial crimes
  • Judicial procedure and administration
  • State and local courts

Cosponsors (5)

* = Original cosponsor
CosponsorDate Cosponsored
Rep. Goodlatte, Bob [R-VA-6]* 01/30/2017
Rep. Franks, Trent [R-AZ-8]* 01/30/2017
Rep. Farenthold, Blake [R-TX-27]* 01/30/2017
Rep. Smith, Lamar [R-TX-21]* 01/30/2017
Rep. Sessions, Pete [R-TX-32] 02/14/2017

Committees (2)

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 Reports
House Judiciary01/30/2017 Referred to
02/24/2017 Reported by H. Rept. 115-17
House Judiciary Subcommittee on Constitution and Civil Justice01/31/2017 Referred to
Senate Judiciary03/13/2017 Referred to

Related Bills (1)

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.