I 
109TH CONGRESS 
1ST SESSION H. R. 1038 
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 
MARCH 2, 2005 
Mr. SENSENBRENNER 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Multidistrict Litigation 
Restoration Act of 2005’’. 
SEC. 2. MULTIDISTRICT LITIGATION. 
Section 1407 of title 28, United States Code, is 
amended—
(1) in the third sentence of subsection (a), by 
inserting ‘‘or ordered transferred to the transferee 
or other district under subsection (i)’’ after ‘‘termi-
nated’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i)(1) Subject to paragraph (2) and except as pro-
vided in subsection (j), any action transferred under this 
section by the panel may be transferred for trial purposes, 
by the judge or judges of the transferee district to whom 
the action was assigned, to the transferee or other district 
in the interest of justice and for the convenience of the 
parties and witnesses. 
‘‘(2) Any action transferred for trial purposes under 
paragraph (1) shall be remanded by the panel for the de-
termination of compensatory damages to the district court 
from which it was transferred, unless the court to which 
the action has been transferred for trial purposes also 
finds, for the convenience of the parties and witnesses and 
in the interests of justice, that the action should be re-
tained for the determination of compensatory damages.’’.
SEC. 3. TECHNICAL AMENDMENT TO MULTIPARTY, MULTI-
FORM TRIAL JURISDICTION ACT OF 2002. 
Section 1407 of title 28, United States Code, as 
amended by section 2 of this Act, is further amended by 
adding at the end the following: 
‘‘(j)(1) In actions transferred under this section when 
jurisdiction is or could have been based, in whole or in 
part, on section 1369 of this title, the transferee district 
court may, notwithstanding any other provision of this 
section, retain actions so transferred for the determination 
of liability and punitive damages. An action retained for 
the determination of liability shall be remanded to the dis-
trict court from which the action was transferred, or to 
the State court from which the action was removed, for 
the determination of damages, other than punitive dam-
ages, unless the court finds, for the convenience of parties 
and witnesses and in the interest of justice, that the action 
should be retained for the determination of damages. 
‘‘(2) Any remand under paragraph (1) shall not be 
effective until 60 days after the transferee court has 
issued an order determining liability and has certified its 
intention to remand some or all of the transferred actions 
for the determination of damages. An appeal with respect 
to the liability determination and the choice of law deter-
mination of the transferee court may be taken during that 
60-day period to the court of appeals with appellate juris-
diction over the transferee court. In the event a party files 
such an appeal, the remand shall not be effective until the 
appeal has been finally disposed of. Once the remand has 
become effective, the liability determination and the choice 
of law determination shall not be subject to further review 
by appeal or otherwise. 
‘‘(3) An appeal with respect to determination of puni-
tive damages by the transferee court may be taken, during 
the 60-day period beginning on the date the order making 
the determination is issued, to the court of appeals with 
jurisdiction over the transferee court. 
‘‘(4) Any decision under this subsection concerning 
remand for the determination of damages shall not be re-
viewable by appeal or otherwise. 
‘‘(5) Nothing in this subsection shall restrict the au-
thority of the transferee court to transfer or dismiss an 
action on the ground of inconvenient forum.’’. 
SEC. 4. EFFECTIVE DATE. 
(a) SECTION 2.—The amendments made by section 
2 shall apply to any civil action pending on or brought 
on or after the date of the enactment of this Act. 
(b) SECTION 3.—The amendment made by section 3 
shall be effective as if enacted in section 11020(b) of the