Class Action Fairness Act of 2004

Bill: 108-s-2062
Sponsor: Sen. Grassley, Chuck [R-IA]
Introduced: 2004-02-10 in the Senate
Policy area: Law
Subjects: Appellate courts
Appellate procedure
Bank holding companies
Charitable contributions
Class actions (Civil procedure)
Commerce
Congress
Congressional reporting requirements
Damages
District courts
Evidence (Law)
Expert witnesses
Finance and Financial Sector
Foreign Trade and International Finance
Foreign banks and banking
Government Operations and Politics
Government paperwork
Injunctions
Judicial opinions
Jurisdiction
Legal fees
State courts
Subsidiary corporations
Supreme Court

Summary:
action_date: 2004-02-10
text: 
Class Action Fairness Act of 2004 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. 
 
Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court. 
 
Specifies requirements for notices of proposed settlements.
 
Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects.
 
Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction.
 
Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.
 
Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.


Legislative actions:
action_date: 2004-07-08
text: Cloture not invoked in Senate by Yea-Nay Vote. 44 - 43. Record Vote Number: 154. (consideration: CR S7818-7819)
action_date: 2004-07-08
text: Considered by Senate. (consideration: CR S7782-7819)
action_date: 2004-07-07
text: Cloture motion on the bill presented in Senate.
action_date: 2004-07-07
text: Motion by Senator Frist to commit to Senate Committee on the Judiciary with instructions that the Committee report back forthwith with the following amendment (SA 3550) made in Senate.
action_date: 2004-07-07
text: Considered by Senate. (consideration: CR S7697-7743)
action_date: 2004-07-06
text: Measure laid before Senate by unanimous consent. (consideration: CR S7563-7570)
action_date: 2004-06-01
text: Cloture motion withdrawn by unanimous consent in Senate.
action_date: 2004-05-21
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2004-05-21
text: Cloture motion on the motion to proceed presented in Senate. (consideration: CR S6250)
action_date: 2004-05-21
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S6249-6250)
action_date: 2004-02-11
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 430.
action_date: 2004-02-10
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-02-10
text: Introduced in Senate