106th Congress > House > Vote 441
Clerk session vote number: 443
Description: Interstate Class Action Jurisdiction Act
Bill summary: Interstate Class Action Jurisdiction Act of 1999 - Grants the district courts original jurisdiction of any civil action which is brought as a class action in which any member of a proposed plaintiff class is: (1) a citizen of a State different from any defendant; (2) a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a citizen or subject of a foreign state.
Prohibits the district courts from exercising jurisdiction over: (1) a civil
(...show more)
action if the action is an intrastate case, a limited scope case, or a State action case; (2) any claim concerning a covered security; and (3) any class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which such enterprise is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.
Provides that, for purposes of a determination of diversity of citizenship, a member of a proposed class shall be deemed to be a citizen of a State different from a defendant corporation only if that member is a citizen of a State different from all States of which the defendant corporation is deemed a citizen.
(Sec. 4) Allows a class action to be removed to a U.S. district court, but without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed 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 of the action for which removal is sought, without the consent of all members of such class. Specifies that this section shall apply to any class action before or after the entry of any order certifying a class, except that a plaintiff class member who is not a named or representative class member of the action may not seek removal of the action before an order certifying a class of which the plaintiff is a class member has been entered.
Makes provisions relating to a defendant removing a case applicable to a plaintiff removing a case under this section. Specifies that the requirement relating to the 30-day filing period shall be met if a plaintiff class member who is not a named or representative class member of the action for which removal is sought files notice of removal no later than 30 days after receipt by such class member of the initial written notice of the class action provided at the court's direction. Makes this section inapplicable to any: (1) claim concerning a covered security; and (2) class action solely involving a claim that relates to the internal affairs or governance of a corporation or other form of business enterprise that arises under or by virtue of the laws of the State in which it is incorporated or organized, or the rights, duties, and obligations relating to or created by or pursuant to any security.
Provides that if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant of a copy of an amended paper from which it may first be ascertained (current law) by exercising due diligence that the case is one which is or has become removable, with an exception.
Requires the court to dismiss the action if, after removal, it determines that no aspect of an action that is subject to its jurisdiction solely under this Act may be maintained as a class action under rule 23 of the Federal Rules of Civil Procedure. Permits an action so dismissed to be amended and filed again in a State court, but allows any such re-filed action to be removed again if it is an action of which the U.S. district courts have original jurisdiction. Specifies that in any action dismissed pursuant to this section that is re-filed by any of the named plaintiffs therein in the same State court venue in which the dismissed action was originally filed, the period of limitations on all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending. Deems the limitations periods on any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action to be tolled for the period during which the dismissed class action was pending.
Directs the Comptroller General of the United States to conduct a study of the impact of this Act on the workload of the Federal courts and report to Congress.
Click to hide full description.
Bill titles: To amend title 28, United States Code, to allow the application of the principles of Federal diversity jurisdiction to interstate class actions.
Links for more info on the vote: congress.gov
