Fraudulent Joinder Prevention Act of 2016

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Bill Number

HR 3624

Introduced

Sep 28, 2015

Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Sponsor

Cosponsors

Topics

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

Full Text

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Votes

Summary

Fraudulent Joinder Prevention Act of 2016

(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

Feb 29, 2016

Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Feb 25, 2016

Motion to reconsider laid on the table Agreed to without objection.
Feb 25, 2016

On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
Feb 25, 2016

Passed/agreed to in House: On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
Feb 25, 2016

On motion to recommit with instructions Failed by recorded vote: 180 - 239 (Roll no. 88).
Feb 25, 2016

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H917)
Feb 25, 2016

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watson Coleman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exemption to the underlying bill for cases in which the plaintiff seeks relief in connection with the sexual abuse or exploitation of a minor.
Feb 25, 2016

Mrs. Watson Coleman moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H916; text: CR H916)
Feb 25, 2016

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. (text of amendment in the nature of a substitute: CR H913)
Feb 25, 2016

The previous question was ordered pursuant to the rule. (consideration: CR H916)
Feb 25, 2016

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3624.
Feb 25, 2016

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
Feb 25, 2016

The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Feb 25, 2016

Considered as unfinished business. (consideration: CR H915-918)
Feb 25, 2016

Committee of the Whole House on the state of the Union rises leaving H.R. 3624 as unfinished business.
Feb 25, 2016

On motion that the Committee rise Agreed to by voice vote.
Feb 25, 2016

Mr. Buck moved that the Committee rise.
Feb 25, 2016

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendement No. 2 the Chair put the question on adoption of the amendment and by voice vote annouced 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.
Feb 25, 2016

DEBATE - Pursuant to the provisions of H. Res 618, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright (PA) amendment No. 2.
Feb 25, 2016

DEBATE - Pursuant to the provisions of H.Res. 618, the Committee of the Whole proceeded with 10 minutes of debate on the Buck (CO) amendment No. 1.
Feb 25, 2016

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3624.
Feb 25, 2016

The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.
Feb 25, 2016

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 618 and Rule XVIII.
Feb 25, 2016

Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. 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.
Feb 25, 2016

Considered under the provisions of rule H. Res. 618. (consideration: CR H907-915)
Feb 24, 2016

Rule H. Res. 618 passed House.
Feb 23, 2016

Rules Committee Resolution H. Res. 618 Reported to House. Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. 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.
Feb 16, 2016

Placed on the Union Calendar, Calendar No. 321.
Feb 16, 2016

Reported (Amended) by the Committee on Judiciary. H. Rept. 114-422.
Feb 3, 2016

Ordered to be Reported (Amended) by the Yeas and Nays: 13 - 10.
Feb 3, 2016

Committee Consideration and Mark-up Session Held.
Jan 29, 2016

Subcommittee on the Constitution and Civil Justice Discharged.
Nov 3, 2015

Referred to the Subcommittee on the Constitution and Civil Justice.
Sep 28, 2015

Referred to the House Committee on the Judiciary.
Sep 28, 2015

Introduced in House

Amendments

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