H.R.725 - Innocent Party Protection Act115th Congress (2017-2018) |
|Sponsor:||Rep. Buck, Ken [R-CO-4] (Introduced 01/30/2017)|
|Committees:||House - Judiciary | Senate - Judiciary|
|Committee Reports:||H. Rept. 115-17|
|Latest Action:||Senate - 03/13/2017 Received in the Senate and Read twice and referred to the Committee on the Judiciary. (All Actions)|
|Roll Call Votes:||There have been 4 roll call votes|
This bill has the status Passed House
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- To President
- Became Law
Text: H.R.725 — 115th Congress (2017-2018)All Information (Except Text)
Referred in Senate (03/13/2017)
Received; read twice and referred to the Committee on the Judiciary
To amend title 28, United States Code, to prevent fraudulent joinder.
This Act may be cited as the “Innocent Party Protection Act”.
Section 1447 of title 28, United States Code, is amended by adding at the end the following:
“(A) a civil action is removed solely on the basis of the jurisdiction conferred by section 1332(a);
“(i) one or more defendants are citizens of the same State as one or more plaintiffs; or
“(ii) one or more defendants properly joined and served are citizens of the State in which the action was brought; and
“(C) the motion is opposed on the ground that the joinder of the defendant or defendants described in subparagraph (B) is fraudulent.
“(A) there is actual fraud in the pleading of jurisdictional facts with respect to that defendant;
“(B) based on the complaint and the materials submitted under paragraph (3), it is not plausible to conclude that applicable State law would impose liability on that defendant;
“(C) State or Federal law clearly bars all claims in the complaint against that defendant; or
“(D) objective evidence clearly demonstrates that there is no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.
“(3) In determining whether to grant or deny a motion under paragraph (1)(B), the court may permit the pleadings to be amended, and shall consider the pleadings, affidavits, and other evidence submitted by the parties.
“(4) If the court finds that all defendants described in paragraph (1)(B) have been fraudulently joined under paragraph (2), it shall dismiss without prejudice the claims against those defendants and shall deny the motion described in paragraph (1)(B).”.
Passed the House of Representatives March 9, 2017.
|Attest:||karen l. haas,|