IB 
Union Calendar No. 239
108TH CONGRESS 
2D SESSION 
H. R. 1768
[Report No. 108–416] 
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 
APRIL 11, 2003
Mr. SENSENBRENNER (for himself, Mr. SMITH of Texas, and Mr. COBLE) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary 
FEBRUARY 10, 2004
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 April 11, 2003] 
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 2004’’. 
SEC. 2. MULTIDISTRICT LITIGATION. 
Section 1407 of title 28, United States Code, is 
amended—
(1) in the third sentence of subsection (a), by in-
serting ‘‘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 par-
ties and witnesses. 
‘‘(2) Any action transferred for trial purposes under 
paragraph (1) shall be remanded by the panel for the deter-
mination 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 retained 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 liabil-
ity and punitive damages. An action retained for the deter-
mination of liability shall be remanded to the district 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 damages, 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 inten-
tion 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 determina-
tion of the transferee court may be taken during that 60-
day period to the court of appeals with appellate jurisdic-
tion 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 ap-
peal 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 re-
mand for the determination of damages shall not be review-
able by appeal or otherwise. 
‘‘(5) Nothing in this subsection shall restrict the au-
thority of the transferee court to transfer or dismiss an ac-
tion 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.).
Union Calendar No. 239
108TH CONGRESS 
2D SESSION 
H. R. 1768
[Report No. 108–416] 
A BILL 
To amend title 28, United States Code, to allow a 
judge to whom a case is transferred to retain ju-
risdiction over certain multidistrict litigation 
cases for trial, and for other purposes. 
FEBRUARY 10, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed.