108TH CONGRESS
2D SESSION
H. R. 1768
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.
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 2004’’.
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
Multiparty, Multiforum Trial Jurisdiction Act of 2002
(Public Law 107–273; 116 Stat. 1826 et seq.).
Passed the House of Representatives March 24,
2004.
Attest:
Clerk.