Multidistrict Litigation Restoration Act of 2004

Bill: 108-hr-1768
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2003-04-11 in the House
Policy area: Law
Subjects: Appellate courts
Appellate procedure
Change of venue
Civil procedure
Damages
District courts
Government Operations and Politics
Judges
Judicial districts
Jurisdiction
Liability (Law)
Pretrial procedure
Punitive damages
State courts

Summary:
action_date: 2003-04-11
text: Multidistrict Litigation Restoration Act of 2003 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination.
Provides that, in actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location), the transferee court may retain actions so transferred for the determination of liability and punitive damages. Directs that an action retained for the determination of liability 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. Modifies the definition of "accident" under that Act to mean specified events resulting in death incurred at a discrete location by at least 25 (currently, 75) natural persons.
action_date: 2004-02-10
text: 
Multidistrict Litigation Restoration Act of 2004 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination. 
 
Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability 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 that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.
action_date: 2004-03-24
text: 

(This measure has not been amended since it was reported to the House on February 10, 2004. The summary of that version is repeated here.)

 
Multidistrict Litigation Restoration Act of 2004 - Amends the Federal judicial code to allow a civil action transferred for coordinated or consolidated pretrial proceedings (multidistrict litigation) to be transferred to the transferee or other district for trial purposes in the interest of justice and for the convenience of the parties and witnesses. Directs that any such action transferred for trial purposes be remanded to the district court from which it was transferred for the determination of compensatory damages unless the court determines the same justification applies to retaining the action for damages determination. 
 
Authorizes the transferee court to retain actions transferred when jurisdiction is or could have been based on the Multiparty, Multiforum Trial Jurisdiction Act of 2002 (granting district courts original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location) for the determination of liability and punitive damages. Directs that an action retained for the determination of liability 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 that the action should be retained for the determination of such damages for the convenience of parties and witnesses and in the interest of justice.

Legislative actions:
action_date: 2004-03-25
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2004-03-24
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-03-24
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 79). (text: CR H1377)
action_date: 2004-03-24
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 79).(text: CR H1377)
action_date: 2004-03-24
text: Considered as unfinished business. (consideration: CR H1395)
action_date: 2004-03-24
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2004-03-24
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1768.
action_date: 2004-03-24
text: Considered under suspension of the rules. (consideration: CR H1377-1379)
action_date: 2004-03-24
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill, as amended.
action_date: 2004-02-10
text: Placed on the Union Calendar, Calendar No. 239.
action_date: 2004-02-10
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-416.
action_date: 2004-02-10
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-416.
action_date: 2004-01-28
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-01-28
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-07-22
text: Forwarded by Subcommittee to Full Committee by Voice Vote.
action_date: 2003-07-22
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2003-05-05
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2003-04-11
text: Referred to the House Committee on the Judiciary.
action_date: 2003-04-11
text: Introduced in House
action_date: 2003-04-11
text: Introduced in House