Class Action Fairness Act of 2002

Fact Sheet API

Bill Number

HR 2341

Introduced

Jun 27, 2001

Latest Action

Committee on the Judiciary. Hearings held.

Sponsor

Cosponsors

Topics

Appellate procedure Civil Rights and Liberties, Minority Issues Class actions (Civil procedure) Commerce Congress Congressional reporting requirements Corporate governance Court records Damages Discovery (Law) Discrimination District courts Finance and Financial Sector Government Operations and Politics Government paperwork Injunctions Judicial review Jurisdiction Law Legal advertising and soliciting Legal fees Limitation of actions Newspapers Periodicals Radio broadcasting Science, Technology, Communications Securities State courts Stockholders Television broadcasting

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Votes

Summary

Class Action Fairness Act of 2002 - Establishes a consumer class action bill of rights, including provision for: (1) judicial review and approval of noncash settlements; (2) protection against loss by class members because of payments to class counsel; (3) a prohibition against court approval of a proposed settlement providing for greater payments to class members because they are located in closer geographic proximity to the court; (4) a prohibition against court approval of a proposed settlement providing for payment of a greater share of the award to a class representative serving on behalf of a class; (5) standardized settlement notification information; (6) disclosure of attorney's fees; and (7) sunshine in court records (limiting the sealing, or subjection to a protective order, of such records).

Grants the district courts original jurisdiction of any civil action in which the matter in controversy exceeds $2 million, exclusive of interest and costs, and is a class action in which any member of a class of plaintiffs is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state. Lists exceptions, such as where a class action brought by shareholders solely involves a claim concerning a covered security or relating to the internal governance of a corporation.

Sets forth procedures for removal of interstate class actions to U.S. district court and for review of orders remanding class actions to State courts. Prohibits a plaintiff class member who is not a named or representative class member of the action from seeking removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.

Grants the courts of appeals jurisdiction of appeals from orders of the U.S. district courts granting or denying class certification under rule 23 of the Federal Rules of Civil Procedure, if notice of appeal is filed within ten days after entry of the order.

Requires the Judicial Conference of the United States, with the assistance of the Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts, to prepare and transmit to the Senate and House Judiciary Committees a report on class action settlements in the Federal courts.

Actions

Jul 31, 2002

Committee on the Judiciary. Hearings held.
Mar 14, 2002

Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Mar 13, 2002

Motion to reconsider laid on the table Agreed to without objection.
Mar 13, 2002

On passage Passed by the Yeas and Nays: 233 - 190 (Roll no. 62).
Mar 13, 2002

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 190 (Roll no. 62).
Mar 13, 2002

On motion to recommit with instructions Failed by recorded vote: 191 - 235 (Roll no. 61).
Mar 13, 2002

The previous question on the motion to recommit with instructions was ordered without objection.
Mar 13, 2002

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion require the bill to be reported back to the House with an amendment providing that any defendant who is a knowing participant in any conspiracy to hijack any aircraft or commit an act of terrorism shall not be entitled to remove a class action to federal court pursuant to section 1332(d) of title 28, as added by section 4 of the bill.
Mar 13, 2002

Mr. Sandlin moved to recommit with instructions to Judiciary.
Mar 13, 2002

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.
Mar 13, 2002

The previous question was ordered pursuant to the rule.
Mar 13, 2002

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2341.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Hart amendment.
Mar 13, 2002

VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Frank demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Frank amendment.
Mar 13, 2002

VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson-Lee of Texas demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Jackson-Lee, (TX) amendment.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Conyers amendment.
Mar 13, 2002

VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Conyers demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
Mar 13, 2002

VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Lofgren demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Lofgren amendment.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Keller amendment.
Mar 13, 2002

Debate - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Waters amendment.
Mar 13, 2002

VOTE POSTPONED - At the conclusion of debate on the amendment, the Chair put the question on the adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Nadler demanded a recorded vote and made a point of no quorum. Pursuant to clause 8 of Rule XX, the Chair postponed further proceedings on the question of adoption of the amendment and the point of no quorum was considered withdrawn.
Mar 13, 2002

DEBATE - Pursuant to the provisions of H. Res. 367, the Committee of the Whole proceeded with 20 minutes of debate on the Nadler amendment.
Mar 13, 2002

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2341.
Mar 13, 2002

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 367 and Rule XXIII.
Mar 13, 2002

The Speaker designated the Honorable John Linder to act as Chairman of the Committee.
Mar 13, 2002

Rule provides for consideration of H.R. 2341 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. All points of order against consideration of the bill are waived. Measure will be considered read. Specified amendments are in order.
Mar 13, 2002

Considered under the provisions of rule H. Res. 367. (consideration: CR H847-886)
Mar 13, 2002

Rule H. Res. 367 passed House.
Mar 12, 2002

Reported (Amended) by the Committee on Judiciary. H. Rept. 107-370. (text of measure as reported in House: CR 3/13/2002 H857-859)
Mar 12, 2002

Reported (Amended) by the Committee on Judiciary. H. Rept. 107-370.(text of measure as reported in House: CR 3/13/2002 H857-859)
Mar 12, 2002

Rules Committee Resolution H. Res. 367 Reported to House. Rule provides for consideration of H.R. 2341 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. All points of order against consideration of the bill are waived. Measure will be considered read. Specified amendments are in order.
Mar 12, 2002

Placed on the Union Calendar, Calendar No. 213.
Mar 7, 2002

Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 10.
Mar 7, 2002

Committee Consideration and Mark-up Session Held.
Mar 7, 2002

Mr. Armey asked unanimous consent that the Committee on Judiciary have until 7:00 p.m. on March 11 to file a report on H.R. 2341. Agreed to without objection.
Mar 6, 2002

Committee Consideration and Mark-up Session Held.
Feb 6, 2002

Committee Hearings Held.
Jun 27, 2001

Referred to the House Committee on the Judiciary.
Jun 27, 2001

Sponsor introductory remarks on measure. (CR E1234)
Jun 27, 2001

Introduced in House

Amendments

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