S. 5 - CLASS ACTION FAIRNESS ACT OF 2005

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Tuesday, February 15, 2005.
FLOOR ACTION: ADOPTED BY VOICE VOTE on Wednesday, January 16, 2005
MANAGERS: GINGREY/MCGOVERN
109th Congress
1st Session

 

H. RES. 96
[Report No. 109-7]

 

S. 5 - CLASS ACTION FAIRNESS ACT OF 2005

1. Structured rule.

2. Provides 90 minutes of debate in the House equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Makes in order the amendment in the nature of a substitute printed in the Rules Committee report accompanying the resolution, if offered by Representative Conyers of Michigan or his designee, which shall be considered as read, and which shall be debatable for 40 minutes equally divided and controlled by the proponent and an opponent.

5. Waives all points of order against the amendment in the nature of a substitute printed in the report.

6. Provides one motion to commit with or without instructions.

---------

RESOLUTION

Resolved, That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (S. 5) 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. The bill shall be considered as read. The previous question shall be considered as ordered on the bill and on any amendment thereto to final passage without intervening motion except: (1) 90 minutes of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; (2) the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution, if offered by Representative Conyers of Michigan or his designee, which shall be in order without intervention of any point of order, shall be considered as read, and shall be separately debatable for 40 minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to commit with or without instructions.

 

SUMMARY OF AMENDMENT MADE IN ORDER

(Summaries derived from information provided by the amendment sponsor.)

Conyers #2
Amendment in the Nature of a Substitute. Attorney General Carve-Out. Clarifies that cases brought by state attorneys general are excluded from the provisions of the class action bill and are not forced into federal court.

Protecting the Integrity of the Courts. Would limit the court's ability to seal or make subject to a protective order, records unless it is necessary to protect trade confidentiality and is consistent with the protection of public health and safety or the disclosure of the information is clearly outweighed by a specific and substantial interest in maintaining the confidentiality of the information.

Civil Rights Carve-Out. Would carve out State civil rights claims in order to make sure that civil rights plaintiffs, especially those seeking immediate injunctive relief, can have their grievances addressed in a timely manner.

Wage and Hour Carve-Out. Would carve out State civil rights claims to allow wage and hour class action members to have their grievances addressed in a timely manner. Prohibits Tax Traitor Benefits. Prohibits domestic corporations that reincorporate abroad in order to avoid U.S. taxes and legal liability from benefiting from the new class action rules. Such corporations will retain citizenship they had prior to their re incorporation.

Excludes Non-Class Action Cases Involving Physical Injuries. Removes the mass torts language.

Federal Court Certification. Prohibits a federal judge from denying certification on the basis that more than one state law applies.
(40 minutes)

TEXT OF THE AMENDMENT(.pdf)