Pullman Act

Bill: 114-hr-4502
Sponsor: full_name: Rep. Black, Diane [R-TN-6]
Introduced: 2016-02-09
Policy area: Law
Subjects: Civil actions and liability

Constitution and constitutional amendments

Federal appellate courts

Jurisdiction and venue

State and local courts

State and local government operations
Latest action: action_date: 2016-02-29
text: Referred to the Subcommittee on the Constitution and Civil Justice.

Summaries:
action_date: 2016-02-09
action_desc: Introduced in House
text: <p><b>Pullman Act</b></p> <p>This bill amends the federal judicial code to allow federal district courts, when a civil action involves a challenge to an unsettled and ambiguous question of state law on federal constitutional grounds, to: </p> <ul> <li>stay the action, pending resolution of the question of state law, if its resolution could avoid the need to reach or materially change the federal constitutional issue and there are adequate means under state law to resolve the unsettled state law question; and</li> <li>certify the question to the appropriate court of that state.</li> </ul> <p>Federal appeals courts shall have jurisdiction of appeals from federal district court interlocutory orders that refuse to stay such actions. </p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4502 IN THE HOUSE OF REPRESENTATIVES February 9, 2016 Mrs. Black (for herself and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to allow for a stay of Federal district court actions pending resolution of unsettled and ambiguous questions of State law, and for other purposes.

1. Short title This Act may be cited as the Pullman Act . 2. Stay of Federal district court actions (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Stay of actions to resolve issues of State law (a) Stay When a civil action before a United States district court involves a challenge to an unsettled and ambiguous question of State law on Federal constitutional grounds, the district court— (1) may, and should, stay the action, pending resolution of the question of State law, if— (A) resolution of the unsettled and ambiguous question of State law could avoid the need to reach the Federal constitutional issue or materially change the nature of the Federal constitutional issue; and (B) there are adequate means under State law to resolve the unsettled question of State law; and (2) may certify the question of State law to the appropriate court of that State. (b) Definitions In this section: (1) State The term State means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States. (2) State law The term State law means the law of any State. . (b) Appeals from interlocutory orders Section 1292(a) of title 28, United States Code, is amended by adding at the end the following: (4) Interlocutory orders of such district courts or the judges thereof refusing the stay of an action under section 1660(a). . (c) Conforming amendment The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: 1660. Stay of actions to resolve issues of State law. . (d) Effective date The amendments made by this section shall apply to any civil action that is pending on, or is commenced on or after, the date of the enactment of this Act.