IB 
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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A BILL 
To amend title 28, United States Code, to prevent fraudulent 
joinder. 
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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 ‘‘Innocent Party Protec-
tion Act’’. 
SEC. 2. PREVENTION OF FRAUDULENT JOINDER. 
Section 1447 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(f) FRAUDULENT JOINDER.— 
‘‘(1) This subsection shall apply to any case in 
which— 
‘‘(A) a civil action is removed solely on the 
basis of the jurisdiction conferred by section 
1332(a); 
‘‘(B) a motion to remand is made on the 
ground that— 
‘‘(i) one or more defendants are citi-
zens of the same State as one or more 
plaintiffs; or 
‘‘(ii) one or more defendants properly 
joined and served are citizens of the State 
in which the action was brought; and 
‘‘(C) the motion is opposed on the ground 
that the joinder of the defendant or defendants 
described in subparagraph (B) is fraudulent. 
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‘‘(2) The joinder of a defendant described in 
paragraph (1)(B) is fraudulent if the court finds 
that— 
‘‘(A) there is actual fraud in the pleading 
of jurisdictional facts with respect to that de-
fendant; 
‘‘(B) based on the complaint and the mate-
rials submitted under paragraph (3), it is not 
plausible to conclude that applicable State law 
would impose liability on that defendant; 
‘‘(C) State or Federal law clearly bars all 
claims in the complaint against that defendant; 
or 
‘‘(D) 
objective 
evidence 
clearly 
dem-
onstrates that there is no good faith intention 
to prosecute the action against that defendant 
or to seek a joint judgment including that de-
fendant. 
‘‘(3) In determining whether to grant or deny 
a motion under paragraph (1)(B), the court may 
permit the pleadings to be amended, and shall con-
sider the pleadings, affidavits, and other evidence 
submitted by the parties. 
‘‘(4) If the court finds that all defendants de-
scribed in paragraph (1)(B) have been fraudulently 
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joined under paragraph (2), it shall dismiss without 
prejudice the claims against those defendants and 
shall deny the motion described in paragraph 
(1)(B).’’. 
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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 
fraudulent joinder. 
FEBRUARY 24, 2017 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
20:45 Feb 24, 2017
Jkt 069200
PO 00000
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