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Key Vote 115th Congress > House > Vote 150
Clerk session vote number: 151
Sponsor: BUCK, Kenneth Robert (R-CO)
Description: Innocent Party Protection Act
Bill summary: Innocent Party Protection Act
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.
Bill titles: To amend title 28, United States Code, to prevent fraudulent joinder.
Links for more info on the vote: congress.gov
