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Bill106th CongressFiled May 19, 1999Law
H.R. 1875

Interstate Class Action Jurisdiction Act of 1999

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Sep 23, 1999)

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 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.

What just happenedNov 19, 1999

Read twice and referred to the Committee on Judiciary.

Who’s behind it

Rep. Goodlatte, Bob [R-VA-6](R-VA)Sponsor
37 cosponsors7 D30 R
Read on Congress.gov
37cosponsors2committees36actions6amendments1related bills18subjects
  1. Nov 19, 1999IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  2. Sep 24, 1999IntroReferral

    Received in the Senate.

  3. Sep 23, 1999FloorH38310

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

  4. Sep 23, 1999FloorH37100

    On passage Passed by recorded vote: 222 - 207 (Roll no. 443).

  5. Sep 23, 1999Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 222 - 207 (Roll no. 443).

  6. Sep 23, 1999FloorH34400

    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.

  7. Sep 23, 1999FloorH35000

    The previous question was ordered pursuant to the rule.

  8. Sep 23, 1999FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1875.

  9. Sep 23, 1999FloorH8D000

    ORDER OF PROCEEDINGS - The Chair announced that the unfinished business are the proceedings on the amendments postponed earlier today and that votes will be taken in the following order: Amendment no. 4 offered by Mr. Nadler, amendment no. 3 offered by Ms. Jackson-Lee of Texas, amendment no. 2 offered by Mr. Frank of Massachusetts, and amendment no. 6 offered by Ms. Waters.

  10. Sep 23, 1999FloorH8D000

    POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment by voice vote and announced that the noes had prevailed. Mr. Delahunt demanded a recorded vote. Pursuant to H. Res. 295, further proceedings on the amendment were postponed.

  11. Sep 23, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Ms. Waters of Massachusetts.

  12. Sep 23, 1999FloorH8D000

    POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment by voice vote and announced that the noes had prevailed. Mr. Frank demanded a recorded vote. Pursuant to H. Res. 295, further proceedings on the amendment were postponed.

  13. Sep 23, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Mr. Frank of Massachusetts.

  14. Sep 23, 1999FloorH8D000

    DEBATE - The Committee is debating the Boucher substitute amendment to the Watt of North Carolina amendment.

  15. Sep 23, 1999FloorH8D000

    POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment by voice vote and announced that the noes had prevailed. Ms. Jackson-Lee demanded a recorded vote. Pursuant to H. Res. 295, further proceedings on the amendment were postponed.

  16. Sep 23, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Ms. Jackson-Lee.

  17. Sep 23, 1999FloorH8D000

    POSTPONED PROCEEDINGS - The Chair put the question on agreeing to the amendment by voice vote and announced that the noes had prevailed. Mr. Nadler demanded a recorded vote. Pursuant to H. Res. 295, further proceedings on the amendment were postponed.

  18. Sep 23, 1999FloorH8D000

    DEBATE - The Committee is debating the amendment offered by Mr. Nadler.

  19. Sep 23, 1999FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1875.

  20. Sep 23, 1999FloorH32400

    The Speaker designated the Honorable James V. Hansen to act as Chairman of the Committee.

  21. Sep 23, 1999FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 295 and Rule XXIII.

  22. Sep 23, 1999FloorH8D000

    Rule provides for consideration of H.R. 1875 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 read by section. Bill is open to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment. The rule provides for the consideration of pro forma amendments and those amendments preprinted in the Congressional Record.

  23. Sep 23, 1999FloorH30000

    Considered under the provisions of rule H. Res. 295. (consideration: CR H8568-8595)

  24. Sep 23, 1999FloorH1L220

    Rule H. Res. 295 passed House.

  25. Sep 21, 1999FloorH1L210

    Rules Committee Resolution H. Res. 295 Reported to House. Rule provides for consideration of H.R. 1875 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 read by section. Bill is open to amendments. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment. The rule provides for the consideration of pro forma amendments and those amendments preprinted in the Congressional Record.

  26. Sep 14, 1999CalendarsH12410

    Placed on the Union Calendar, Calendar No. 190.

  27. Sep 14, 1999CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-320.

    Judiciary Committee
  28. Sep 14, 1999Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 106-320.

    Judiciary Committee
  29. Aug 3, 1999CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 12.

    Judiciary Committee
  30. Aug 3, 1999CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  31. Jul 27, 1999CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  32. Jul 21, 1999CommitteeH14000-B

    Committee Hearings Held.

    Judiciary Committee
  33. May 19, 1999IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  34. May 19, 1999IntroReferralB00100

    Sponsor introductory remarks on measure. (CR E1026)

  35. May 19, 1999IntroReferralIntro-H

    Introduced in House

  36. May 19, 1999IntroReferral1000

    Introduced in House

Passed House amendedSep 23, 199936
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 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.

Reported to House with amendment(s)Sep 14, 199917
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 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.

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: (1) any claim concerning a covered security; and (2) 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 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 in the same State court venue in which the dismissed action was originally filed, the limitations periods on: (1) all reasserted claims shall be deemed tolled for the period during which the dismissed class action was pending; and (2) any claims that were asserted in a class action dismissed pursuant to this section that are subsequently asserted in an individual action shall be deemed 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 this Act's impact on the workload of the Federal courts and report to Congress.

Introduced in HouseMay 19, 199900

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 such a civil action if the action is an intrastate case, a limited scope case, or a State action case. Makes such prohibition inapplicable to any claim concerning a covered 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, 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.

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 claim concerning a covered 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 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, the period of limitations for any claim that was asserted in the action on behalf of any named or unnamed member of a proposed class shall be deemed tolled to the full extent provided under Federal law.