I 

108TH CONGRESS 

1ST SESSION H. R. 1768

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 11, 2003

Mr. SENSENBRENNER (for himself, Mr. SMITH of Texas, and Mr. COBLE) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

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,

3 SECTION 1. SHORT TITLE. 

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

5 Restoration Act of 2003’’. 

6 SEC. 2. MULTIDISTRICT LITIGATION. 

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

8 amended—
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1 (1) in the third sentence of subsection (a), by 

2 inserting ‘‘or ordered transferred to the transferee 

3 or other district under subsection (i)’’ after ‘‘termi4 nated’’; and 

5 (2) by adding at the end the following new sub6 section: 

7 ‘‘(i)(1) Subject to paragraph (2) and except as pro8 vided in subsection (j), any action transferred under this 

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

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

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

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

13 parties and witnesses. 

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

15 paragraph (1) shall be remanded by the panel for the de16 termination of compensatory damages to the district court 

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

18 the action has been transferred for trial purposes also 

19 finds, for the convenience of the parties and witnesses and 

20 in the interests of justice, that the action should be re21 tained for the determination of compensatory damages.’’. 

22 SEC. 3. TECHNICAL AMENDMENTS TO MULTIPARTY, MULTI23 FORM TRIAL JURISDICTION ACT OF 2002. 

24 (a) MULTIDISTRICT LITIGATION.—Section 1407 of 

25 title 28, United States Code, as amended by section 2 of 
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1 this Act, is further amended by adding at the end the fol2 lowing: 

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

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

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

6 court may, notwithstanding any other provision of this 

7 section, retain actions so transferred for the determination 

8 of liability and punitive damages. An action retained for 

9 the determination of liability shall be remanded to the dis10 trict court from which the action was transferred, or to 

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

12 the determination of damages, other than punitive dam13 ages, unless the court finds, for the convenience of parties 

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

15 should be retained for the determination of damages. 

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

17 effective until 60 days after the transferee court has 

18 issued an order determining liability and has certified its 

19 intention to remand some or all of the transferred actions 

20 for the determination of damages. An appeal with respect 

21 to the liability determination and the choice of law deter22 mination of the transferee court may be taken during that 

23 60-day period to the court of appeals with appellate juris24 diction over the transferee court. In the event a party files 

25 such an appeal, the remand shall not be effective until the 
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1 appeal has been finally disposed of. Once the remand has 

2 become effective, the liability determination and the choice 

3 of law determination shall not be subject to further review 

4 by appeal or otherwise. 

5 ‘‘(3) An appeal with respect to determination of puni6 tive damages by the transferee court may be taken, during 

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

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

9 jurisdiction over the transferee court. 

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

11 remand for the determination of damages shall not be re12 viewable by appeal or otherwise. 

13 ‘‘(5) Nothing in this subsection shall restrict the au14 thority of the transferee court to transfer or dismiss an 

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

16 (b) BASIS OF JURISDICTION.—Section 1369 of title 

17 28, United States Code, is amended in subsections (a) and 

18 (c)(4), by striking ‘‘75’’ and inserting ‘‘25’’. 

19 SEC. 4. EFFECTIVE DATE. 

20 (a) SECTIONS 2 AND 3(b).— The amendments made 

21 by section 2 and section 3(b) shall apply to any civil action 

22 pending on or brought on or after the date of the enact23 ment of this Act. 

24 (b) SECTION 3(a).—The amendments made by sec25 tion 3(a) shall be effective as if enacted in section 
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1 11020(b) of the Multiparty, Multiforum Trial Jurisdiction 

2 Act of 2002 (Public Law 107–273; 116 Stat. 1826 et 

3 seq.).

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