IIB 

108TH CONGRESS 

2D SESSION H. R. 1768

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2004

Received; read twice and referred to the Committee on the Judiciary 

AN ACT

To amend title 28, United States Code, to allow a judge 

to whom a case is transferred to retain jurisdiction over 

certain multidistrict litigation cases for trial, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Multidistrict Litigation 

3 Restoration Act of 2004’’. 

4 SEC. 2. MULTIDISTRICT LITIGATION. 

5 Section 1407 of title 28, United States Code, is 

6 amended—

7 (1) in the third sentence of subsection (a), by 

8 inserting ‘‘or ordered transferred to the transferee 

9 or other district under subsection (i)’’ after ‘‘termi10 nated’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i)(1) Subject to paragraph (2) and except as pro14 vided in subsection (j), any action transferred under this 

15 section by the panel may be transferred for trial purposes, 

16 by the judge or judges of the transferee district to whom 

17 the action was assigned, to the transferee or other district 

18 in the interest of justice and for the convenience of the 

19 parties and witnesses. 

20 ‘‘(2) Any action transferred for trial purposes under 

21 paragraph (1) shall be remanded by the panel for the de22 termination of compensatory damages to the district court 

23 from which it was transferred, unless the court to which 

24 the action has been transferred for trial purposes also 

25 finds, for the convenience of the parties and witnesses and 
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1 in the interests of justice, that the action should be re2 tained for the determination of compensatory damages.’’. 

3 SEC. 3. TECHNICAL AMENDMENT TO MULTIPARTY, MULTI4 FORM TRIAL JURISDICTION ACT OF 2002. 

5 Section 1407 of title 28, United States Code, as 

6 amended by section 2 of this Act, is further amended by 

7 adding at the end the following: 

8 ‘‘(j)(1) In actions transferred under this section when 

9 jurisdiction is or could have been based, in whole or in 

10 part, on section 1369 of this title, the transferee district 

11 court may, notwithstanding any other provision of this 

12 section, retain actions so transferred for the determination 

13 of liability and punitive damages. An action retained for 

14 the determination of liability shall be remanded to the dis15 trict court from which the action was transferred, or to 

16 the State court from which the action was removed, for 

17 the determination of damages, other than punitive dam18 ages, unless the court finds, for the convenience of parties 

19 and witnesses and in the interest of justice, that the action 

20 should be retained for the determination of damages. 

21 ‘‘(2) Any remand under paragraph (1) shall not be 

22 effective until 60 days after the transferee court has 

23 issued an order determining liability and has certified its 

24 intention to remand some or all of the transferred actions 

25 for the determination of damages. An appeal with respect 
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1 to the liability determination and the choice of law deter2 mination of the transferee court may be taken during that 

3 60-day period to the court of appeals with appellate juris4 diction over the transferee court. In the event a party files 

5 such an appeal, the remand shall not be effective until the 

6 appeal has been finally disposed of. Once the remand has 

7 become effective, the liability determination and the choice 

8 of law determination shall not be subject to further review 

9 by appeal or otherwise. 

10 ‘‘(3) An appeal with respect to determination of puni11 tive damages by the transferee court may be taken, during 

12 the 60-day period beginning on the date the order making 

13 the determination is issued, to the court of appeals with 

14 jurisdiction over the transferee court. 

15 ‘‘(4) Any decision under this subsection concerning 

16 remand for the determination of damages shall not be re17 viewable by appeal or otherwise. 

18 ‘‘(5) Nothing in this subsection shall restrict the au19 thority of the transferee court to transfer or dismiss an 

20 action on the ground of inconvenient forum.’’. 

21 SEC. 4. EFFECTIVE DATE. 

22 (a) SECTION 2.—The amendments made by section 

23 2 shall apply to any civil action pending on or brought 

24 on or after the date of the enactment of this Act. 
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1 (b) SECTION 3.—The amendment made by section 3 

2 shall be effective as if enacted in section 11020(b) of the 

3 Multiparty, Multiforum Trial Jurisdiction Act of 2002 

4 (Public Law 107–273; 116 Stat. 1826 et seq.).

Passed the House of Representatives March 24, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.