S 274 · 108th Congress 2003–2005, ended

Class Action Fairness Act of 2003

Latest action · Jul 31, 2003 By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-123. Minority views filed.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 4, 2003
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Class Action Fairness Act of 2003 - (Sec. 3) Amends the Federal judicial code to prohibit a Federal district court from approving a proposed class action settlement under which: (1) members would receive non-cash benefits or would be required to expend funds in order to obtain proposed benefits, unless the court finds, after a hearing, that the settlement is fair, reasonable, and adequate; (2) any member is obligated to pay sums to class counsel that would result in a net loss to the member, unless the court finds that non-monetary benefits to the member outweigh the monetary loss; (3) greater sums would be paid to some class members than to others solely on the basis of their closer geographic proximity to the court; or (4) a greater share would be paid to a class representative than to other class members (with an exception for any court approved payment for reasonable time or costs for fulfilling representative obligations). Sets forth requirements for: (1) notices of class actions to class members, including a requirement that such notice include a summary written in plain, easily understood language of class member legal consequences, rights, and benefits, obligations of defendants, and attorney fees; and (2) notices of proposed settlements to be served upon appropriate State and Federal regulatory officials.

(Sec. 4) Grants Federal district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 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.

Authorizes a district court to decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of all 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 asserted involve matters of national or interstate interest; (2) the claims asserted will be governed by laws other than those of the State in which the action was originally filed; (3) the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction; (4) the number of citizens of the State in which the action was originally filed in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State, and the citizenship of the other members of the proposed class is dispersed among a substantial number of States; and (5) one or more class actions asserting the same or similar claims on behalf of the same or other persons have been or may be filed.

Provides that district courts shall not be granted jurisdiction over any class action in which: (1) two-thirds or more of the members of all proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed; (2) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or (3) the number of members of all proposed plaintiff classes in the aggregate is less than 100.

Lists other exceptions, including class actions involving certain securities claims and claims involving the internal governance of a corporation that arise under the laws of the State of incorporation.

(Sec. 5) Sets forth provisions governing the removal of interstate class actions to U.S. district court. Permits removal by: (1) any defendant without the consent of all defendants; or (2) any plaintiff class member who is not a named or representative class member without the consent of all class members. Provides for review by appeal of orders remanding class actions to State courts.

(Sec. 6) Directs the Judicial Conference of the United States to report to the Senate and House Judiciary Committees on class action settlements, including recommendations for best court practices to ensure that settlements are fair to class members and that class members are the primary beneficiaries of the settlement, and that fees awarded to counsel reflect the counsel's success in obtaining redress for injuries.

Cosponsors 22

Members who signed on, in the order they did. Signatures ran from Feb 4, 2003 to Jul 30, 2003; 7 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-PAArlen SpecterOriginalFeb 4, 2003
D-WIHerb KohlOriginalFeb 4, 2003
R-RILincoln ChafeeOriginalFeb 4, 2003
R-UTOrrin G. HatchOriginalFeb 4, 2003
R-INRichard G. LugarOriginalFeb 4, 2003
D-DEThomas R. CarperOriginalFeb 4, 2003
D-GAZell MillerOriginalFeb 4, 2003
R-OHGeorge V. VoinovichFeb 13, 2003
R-KYMitch McConnellFeb 13, 2003
R-GASaxby ChamblissFeb 13, 2003
R-ALJeff SessionsFeb 14, 2003
R-VAGeorge AllenMar 4, 2003
R-NMPete V. DomeniciMar 11, 2003
R-NVJohn EnsignMar 24, 2003
R-TXJohn CornynApr 1, 2003
R-AZJon KylApr 2, 2003
R-KYJim BunningApr 7, 2003
R-ILPeter FitzgeraldApr 11, 2003
R-NEChuck HagelMay 21, 2003
R-AKTed StevensJun 10, 2003
R-OKDon NicklesJul 9, 2003
R-NHJohn E. SununuJul 30, 2003

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Feb 4, 2003Markup Apr 11, 2003Reported Jun 2, 2003

Actions 7

Everything that happened, newest first.

  1. Jul 31, 2003By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-123. Minority views filed.
  2. Jun 2, 2003Committee on the Judiciary. Reported by Senator Hatch with amendments. Without written report.
  3. Jun 2, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 117.
  4. Apr 11, 2003Committee on the Judiciary. Ordered to be reported with amendments favorably.
  5. Feb 4, 2003Introduced in Senate

In the Congressional Record 5

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateAmendments S57Arlen Specter D-PA (amendment), Chuck Grassley R-IA (amendment), Orrin G. Hatch R-UT (amendment), Richard G. Lugar R-IN (amendment), Zell Miller D-GA (amendment)Jan 20, 2004
SenateDebate and remarks S12960Orrin G. Hatch R-UTOct 21, 2003
SenateDebate and remarks S12853William H. Frist R-TNOct 17, 2003
SenateDebate and remarks S12421–S12424Jeff Sessions R-ALOct 3, 2003
SenateDebate and remarks S1873, S1876Text printed S1874–S1876Chuck Grassley R-IA (text), Orrin G. Hatch R-UTFeb 4, 2003

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. May 1, 2003S. 274, Class Action Fairness Act of 2003<p>Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on April 11, 2003</p>
  2. May 1, 2003S. 274, Class Action Fairness Act of 2003Cost estimate for the bill as ordered reported by the Senate Committee on the Judiciary on April 11, 2003

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 2232No description on fileChuck Grassley R-IASenate amendment submitted

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 1115Class Action Fairness Act of 2003Related billJun 12, 2003
S 1751Class Action Fairness Act of 2003Related billOct 22, 2003
S 2062Class Action Fairness Act of 2004Related billJul 8, 2004

Titles 3

Every title it has carried, official and short, at each stage.

Official Title 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.
Short Titles as Introduced
Class Action Fairness Act of 2003
Short Titles as Reported to Senate
Class Action Fairness Act of 2003

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 2

Each version as it was printed, newest first.

  1. Jun 2, 2003Reported to Senate
  2. Feb 4, 2003Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.