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Summary (2)

There are 2 summaries for H.R.985. View summaries

Shown Here:
Reported to House without amendment (03/07/2017)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Fairness in Class Action Litigation Act of 2017

(Sec. 3) This bill amends the federal judicial code to prohibit federal courts from certifying class actions unless:

  • in a class action seeking monetary relief for personal injury or economic loss, each proposed class member suffered the same type and scope of injury as the named class representatives;
  • no class representatives or named plaintiffs are relatives of, present or former employees or clients of, or contractually related to class counsel; and
  • in a class action seeking monetary relief, the party seeking to maintain the class action demonstrates a reliable and administratively feasible mechanism for the court to determine whether putative class members fall within the class definition and for the distribution of any monetary relief directly to a substantial majority of class members.

The bill limits attorney's fees to a reasonable percentage of: (1) any payments received by class members, and (2) the value of any equitable relief.

No attorney's fees based on monetary relief may: (1) be paid until distribution of the monetary recovery to class members has been completed, or (2) exceed the total amount distributed to and received by all class members.

Class counsel must submit to the Federal Judicial Center and the Administrative Office of the U.S. Courts an accounting of the disbursement of funds paid by defendants in class action settlements. The Judicial Conference of the United States must use the accountings to prepare an annual summary for Congress and the public on how funds paid by defendants in class actions have been distributed to class members, class counsel, and other persons.

A court's order that certifies a class with respect to particular issues must include a determination that the entirety of the cause of action from which the particular issues arise satisfies all the class certification prerequisites.

A stay of discovery is required during the pendency of preliminary motions in class action proceedings (motions to transfer, dismiss, strike, or dispose of class allegations) unless the court finds upon the motion of a party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice.

Class counsel must disclose any person or entity who has a contingent right to receive compensation from any settlement, judgment, or relief obtained in the action.

Appeals courts must permit appeals from an order granting or denying class certification.

(Sec. 4) Federal courts must apply diversity of citizenship jurisdictional requirements to the claims of each plaintiff individually (as though each plaintiff were the sole plaintiff in the action) when deciding a motion to remand back to a state court a civil action in which: (1) two or more plaintiffs assert personal injury or wrongful death claims, (2) the action was removed from state court to federal court on the basis of a diversity of citizenship among the parties, and (3) a motion to remand is made on the ground that one or more defendants are citizens of the same state as one or more plaintiffs.

A court must: (1) sever, and remand to state court, claims that do not satisfy the jurisdictional requirements; and (2) retain jurisdiction over claims that satisfy the diversity requirements.

(Sec. 5) In coordinated or consolidated pretrial proceedings for personal injury claims conducted by judges assigned by the judicial panel on multidistrict litigation, plaintiffs must: (1) submit medical records and other evidence for factual contentions regarding the alleged injury, the exposure to the risk that allegedly caused the injury, and the alleged cause of the injury; and (2) receive not less than 80% of any monetary recovery. Trials may not be conducted in multidistrict litigation proceedings unless all parties consent to the specific case sought to be tried.


Actions Overview (3)

Date
03/09/2017 Passed/agreed to in House: On passage Passed by recorded vote: 220 - 201, 1 Present (Roll no. 148).
03/07/2017 Reported by the Committee on Judiciary. H. Rept. 115-25.
02/09/2017 Introduced in House

All Actions (53)

Date Chamber
03/13/2017 Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary.
03/09/2017-6:53pm House Motion to reconsider laid on the table Agreed to without objection.
03/09/2017-6:53pm House On passage Passed by recorded vote: 220 - 201, 1 Present (Roll no. 148).
03/09/2017-6:47pm House On motion to recommit with instructions Failed by recorded vote: 188 - 234 (Roll no. 147).
03/09/2017-6:40pm House The previous question on the motion to recommit with instructions was ordered without objection.
03/09/2017-6:32pm House DEBATE - The House proceeded with 10 minutes of debate on the Kildee 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 to protect drinking water supplies.
03/09/2017-6:32pm House Mr. Kildee moved to recommit with instructions to the Committee on the Judiciary. (text: CR H1998)
03/09/2017-6:30pm House The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H1981-1983)
03/09/2017-6:30pm House The previous question was ordered pursuant to the rule.
03/09/2017-6:29pm House The House rose from the Committee of the Whole House on the state of the Union to report H.R. 985.
03/09/2017-6:29pm House H.Amdt.75 On agreeing to the Espaillat amendment (A008) Failed by recorded vote: 193 - 228 (Roll no. 146).
03/09/2017-6:26pm House H.Amdt.74 On agreeing to the Jackson Lee amendment (A007) Failed by recorded vote: 193 - 229 (Roll no. 145).
03/09/2017-6:22pm House H.Amdt.73 On agreeing to the Conyers amendment (A006) Failed by recorded vote: 191 - 230 (Roll no. 144).
03/09/2017-6:19pm House H.Amdt.72 On agreeing to the Johnson (GA) amendment (A005) Failed by recorded vote: 190 - 230 (Roll no. 143).
03/09/2017-6:16pm House H.Amdt.71 On agreeing to the Soto amendment (A004) Failed by recorded vote: 192 - 230 (Roll no. 142).
03/09/2017-6:12pm House H.Amdt.70 On agreeing to the Deutch amendment (A003) Failed by recorded vote: 189 - 228 (Roll no. 141).
03/09/2017-6:07pm House H.Amdt.69 On agreeing to the Deutch amendment (A002) Failed by recorded vote: 182 - 227 (Roll no. 140).
03/09/2017-5:45pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Espaillat amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Espaillat demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-5:40pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Espaillat amendment No. 8.
03/09/2017-5:39pm House H.Amdt.75 Amendment (A008) offered by Mr. Espaillat. (consideration: CR H1992-1993, H1997; text: CR H1992)
03/09/2017-5:39pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-5:30pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 7.
03/09/2017-5:30pm House H.Amdt.74 Amendment (A007) offered by Ms. Jackson Lee. (consideration: CR H1990-1992, H1996-1997; text: CR H1991)
03/09/2017-5:30pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Conyers amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Conyers demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-5:21pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 6.
03/09/2017-5:21pm House H.Amdt.73 Amendment (A006) offered by Mr. Conyers. (consideration: CR H1988-1990, H1996; text: CR H1988)
03/09/2017-5:21pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson(GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-5:11pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson (GA) amendment No. 5.
03/09/2017-5:10pm House H.Amdt.72 Amendment (A005) offered by Mr. Johnson (GA). (consideration: CR H1987-1988, H1995-1996; text: CR H1987)
03/09/2017-5:10pm 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. Soto demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-5:03pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 4.
03/09/2017-5:02pm House H.Amdt.71 Amendment (A004) offered by Mr. Soto. (consideration: CR H1986-1987, H1994-1995; text: CR H1986)
03/09/2017-5:02pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Deutch amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Deutch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-4:53pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Deutch amendment No. 3.
03/09/2017-4:53pm House H.Amdt.70 Amendment (A003) offered by Mr. Deutch. (consideration: CR H1985-1986, H1994; text: CR H1985)
03/09/2017-4:52pm House POSTPONED PROCEEDINGS - At the conclusion of debate on the Deutch amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Deutch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
03/09/2017-4:45pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Deutch amendment No. 2.
03/09/2017-4:44pm House H.Amdt.69 Amendment (A002) offered by Mr. Deutch. (consideration: CR H1984-1985, H1993-1994; text: CR H1984)
03/09/2017-4:44pm House H.Amdt.68 On agreeing to the Goodlatte amendment (A001) Agreed to by voice vote.
03/09/2017-4:37pm House DEBATE - Pursuant to the provisions of H.Res. 180, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
03/09/2017-4:37pm House H.Amdt.68 Amendment (A001) offered by Mr. Goodlatte. (consideration: CR H1983-1984; text: CR H1983)
03/09/2017-3:48pm House GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 985.
03/09/2017-3:48pm House The Speaker designated the Honorable Michael K. Simpson to act as Chairman of the Committee.
03/09/2017-3:48pm House House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 180 and Rule XVIII.
03/09/2017-3:47pm House Providing for consideration of the bills H.R. 720 and H.R. 985.
03/09/2017-3:47pm House Considered under the provisions of rule H. Res. 180. (consideration: CR H1974-2000)
03/07/2017 House Placed on the Union Calendar, Calendar No. 11.
03/07/2017 House Reported by the Committee on Judiciary. H. Rept. 115-25.
Action By: House Judiciary
02/15/2017 House Ordered to be Reported by the Yeas and Nays: 19 - 12.
Action By: House Judiciary
02/15/2017 House Committee Consideration and Mark-up Session Held.
Action By: House Judiciary
02/10/2017 House Referred to the Subcommittee on the Constitution and Civil Justice.
Action By: House Judiciary
02/09/2017 House Referred to the House Committee on the Judiciary.
02/09/2017 House Introduced in House

Titles (6)

Short Titles:

Short Titles - House of Representatives

Short Titles as Passed House:

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017

Short Titles as Passed House for portions of this bill:
  • Fairness in Class Action Litigation Act of 2017
  • Furthering Asbestos Claim Transparency (FACT) Act of 2017

Short Titles as Reported to House:

Fairness in Class Action Litigation Act of 2017

Short Titles as Introduced:

Fairness in Class Action Litigation Act of 2017

Official Titles:

Official Titles - House of Representatives

Official Title as Introduced:

To amend the procedures used in Federal court class actions and multidistrict litigation proceedings to assure fairer, more efficient outcomes for claimants and defendants, and for other purposes.


Subjects (12)

  • Bankruptcy
  • Civil actions and liability
  • Evidence and witnesses
  • Federal district courts
  • Hazardous wastes and toxic substances
  • Health information and medical records
  • Judicial procedure and administration
  • Judicial review and appeals
  • Lawyers and legal services
  • Legal fees and court costs
  • Specialized courts

Cosponsors (2)

* = Original cosponsor
CosponsorDate Cosponsored
Rep. Sessions, Pete [R-TX-32] 02/14/2017
Rep. Grothman, Glenn [R-WI-6] 02/15/2017

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 Judiciary02/09/2017 Referred to
02/15/2017 Markup by
03/07/2017 Reported by H. Rept. 115-25
House Judiciary Subcommittee on Constitution and Civil Justice02/10/2017 Referred to
Senate Judiciary03/13/2017 Referred to

Related Bills (2)

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.