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Union Calendar No. 5 

115TH CONGRESS 

1ST SESSION H. R. 725 

[Report No. 115–17] 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2017 

Mr. BUCK (for himself, Mr. GOODLATTE, Mr. FRANKS of Arizona, Mr. 

FARENTHOLD, and Mr. SMITH of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

FEBRUARY 24, 2017 

Additional sponsor: Mr. SESSIONS

FEBRUARY 24, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 725 RH

A BILL 

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

joinder. 


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•HR 725 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 ‘‘Innocent Party Protec5 tion Act’’. 

6 SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 

7 Section 1447 of title 28, United States Code, is 

8 amended 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 

19 plaintiffs; 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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1 ‘‘(2) The joinder of a defendant described in 

2 paragraph (1)(B) is fraudulent if the court finds 

3 that— 

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

5 of jurisdictional facts with respect to that de6 fendant; 

7 ‘‘(B) based on the complaint and the mate8 rials submitted under paragraph (3), it is not 

9 plausible to conclude that applicable State law 

10 would impose liability on that defendant; 

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

12 claims in the complaint against that defendant; 

13 or 

14 ‘‘(D) objective evidence clearly dem15 onstrates that there is no good faith intention 

16 to prosecute the action against that defendant 

17 or to seek a joint judgment including that de18 fendant. 

19 ‘‘(3) In determining whether to grant or deny 

20 a motion under paragraph (1)(B), the court may 

21 permit the pleadings to be amended, and shall con22 sider the pleadings, affidavits, and other evidence 

23 submitted by the parties. 

24 ‘‘(4) If the court finds that all defendants de25 scribed in paragraph (1)(B) have been fraudulently 


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1 joined under paragraph (2), it shall dismiss without 

2 prejudice the claims against those defendants and 

3 shall deny the motion described in paragraph 

4 (1)(B).’’. 


sradovich on DSK3GMQ082PROD with BILLS
Union Calendar No. 5 

115TH CONGRESS 

1ST SESSION H. R. 725 

[Report No. 115–17] 

A BILL 

To amend title 28, United States Code, to prevent 

F

fraudulent joinder. 

EBRUARY 24, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sradovich on DSK3GMQ082PROD with BILLS