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H.R. 1927 (114th): Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016

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The text of the bill below is as of Apr 22, 2015 (Introduced).

Summary of this bill

The House is scheduled to take up the Fairness in Class Action Litigation Act (H.R. 1927), which aims to reform the current federal class action lawsuit framework by requiring uninjured parties to be part of separate class action suits than those parties experiencing more extensive injuries. According to data from the Administrative Office of the United States Courts, enactment of H.R. 1927 could reduce the number of class action suits filed and the number of plaintiffs in them, but could also increase the administrative burden on the courts.

“Only those people who share injuries of the same type and extent should be part of a class action lawsuit,” said House …

I

114th CONGRESS

1st Session

H. R. 1927

IN THE HOUSE OF REPRESENTATIVES

April 22, 2015

(for himself and Mr. Franks of Arizona) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to improve fairness in class action litigation.

1.

Short title

This Act may be cited as the Fairness in Class Action Litigation Act of 2015.

2.

Class member injury required

(a)

In general

Title 28, United States Code, is amended by adding at the end the following:

1716.

Limitation on certification of class

(a)

In general

No Federal court shall certify any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representative or representatives.

(b)

Definition

In this section, the term injury means the alleged impact of the defendant’s actions on the plaintiff’s body or property.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 114 of title 28, United States Code, is amended by adding at the end the following new item:

1716. Limitation on certification of class.

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