IB 

Union Calendar No. 321 

114TH CONGRESS 

2D SESSION H. R. 3624 

[Report No. 114–422] 

To amend title 28, United States Code, to prevent fraudulent joinder. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2015 

Mr. BUCK introduced the following bill; which was referred to the Committee 

on the Judiciary 

FEBRUARY 16, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 28, 2015] 


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•HR 3624 RH

A BILL 

To amend title 28, United States Code, to prevent fraudulent 

joinder. 


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•HR 3624 RH

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 ‘‘Fraudulent Joinder Pre5 vention Act of 2016’’. 

6 SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 

7 Section 1447 of title 28, United States Code, is amend8 ed by adding at the end the following: 

9 ‘‘(f) FRAUDULENT JOINDER.— 

10 ‘‘(1) This subsection shall apply to any case in 

11 which— 

12 ‘‘(A) a civil action is removed solely on the 

13 basis of the jurisdiction conferred by section 

14 1332(a); 

15 ‘‘(B) a motion to remand is made on the 

16 ground that— 

17 ‘‘(i) one or more defendants are citi18 zens of the same State as one or more plain19 tiffs; or 

20 ‘‘(ii) one or more defendants properly 

21 joined and served are citizens of the State 

22 in which the action was brought; and 

23 ‘‘(C) the motion is opposed on the ground 

24 that the joinder of the defendant or defendants 

25 described in subparagraph (B) is fraudulent. 


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•HR 3624 RH

1 ‘‘(2) The joinder of the defendant or defendants 

2 described in paragraph (1) (B) is fraudulent if the 

3 court finds that— 

4 ‘‘(A) there is actual fraud in the pleading 

5 of jurisdictional facts; 

6 ‘‘(B) based on the complaint and the mate7 rials submitted under paragraph (3), it is not 

8 plausible to conclude that applicable State law 

9 would impose liability on each defendant de10 scribed in paragraph (1)(B); 

11 ‘‘(C) State or Federal law clearly bars all 

12 claims in the complaint against all defendants 

13 described in paragraph (1)(B); or 

14 ‘‘(D) objective evidence clearly demonstrates 

15 that there is no good faith intention to prosecute 

16 the action against all defendants described in 

17 paragraph (1)(B) or to seek a joint judgment. 

18 ‘‘(3) In determining whether to grant or deny a 

19 motion under paragraph (1)(B), the court may per20 mit the pleadings to be amended, and shall consider 

21 the pleadings, affidavits, and other evidence submitted 

22 by the parties. 

23 ‘‘(4) If the court finds fraudulent joinder under 

24 paragraph (2), it shall dismiss without prejudice the 

25 claims against the defendant or defendants found to 


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1 have been fraudulently joined and shall deny the mo2 tion described in paragraph (1)(B).’’. 


srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 321 

114TH CONGRESS 

2D SESSION H. R. 3624 

[Report No. 114–422] 

A BILL 

To amend title 28, United States Code, to prevent 

F

fraudulent joinder. 

EBRUARY 16, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK5SPTVN1PROD with BILLS