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Bill109th CongressFiled Mar 2, 2005Law
H.R. 1038

Multidistrict Litigation Restoration Act of 2005

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house without amendment (Apr 19, 2005)

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Multidistrict Litigation Restoration Act of 2005 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.

Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

What just happenedApr 20, 2005

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

Who’s behind it

Rep. Sensenbrenner, F. James, Jr. [R-WI-5](R-WI)Sponsor
Read on Congress.gov
2committees18actions1related bills
  1. Apr 20, 2005IntroReferral

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

    Judiciary Committee
  2. Apr 19, 2005FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Apr 19, 2005FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2120)

  4. Apr 19, 2005Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H2120)

  5. Apr 19, 2005FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate on H.R. 1038.

  6. Apr 19, 2005FloorH30000

    Considered under suspension of the rules. (consideration: CR H2120-2121)

  7. Apr 19, 2005FloorH30300

    Mr. Sensenbrenner moved to suspend the rules and pass the bill.

  8. Mar 17, 2005CalendarsH12410

    Placed on the Union Calendar, Calendar No. 10.

  9. Mar 17, 2005CommitteeH12200

    Reported by the Committee on Judiciary. H. Rept. 109-24.

    Judiciary Committee
  10. Mar 17, 2005Committee5000

    Reported by the Committee on Judiciary. H. Rept. 109-24.

    Judiciary Committee
  11. Mar 9, 2005CommitteeH19000

    Ordered to be Reported by Voice Vote.

    Judiciary Committee
  12. Mar 9, 2005CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  13. Mar 3, 2005CommitteeH23000

    Forwarded by Subcommittee to Full Committee by Voice Vote.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  14. Mar 3, 2005CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  15. Mar 2, 2005CommitteeH11000

    Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  16. Mar 2, 2005IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  17. Mar 2, 2005IntroReferralIntro-H

    Introduced in House

  18. Mar 2, 2005IntroReferral1000

    Introduced in House

Passed House without amendmentApr 19, 200581

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Multidistrict Litigation Restoration Act of 2005 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.

Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

Reported to House without amendmentMar 17, 200579

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Multidistrict Litigation Restoration Act of 2005 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.

Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

Introduced in HouseMar 2, 200500

Multidistrict Litigation Restoration Act of 2005 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.

Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages other than punitive damages, unless the court finds that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.