Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016

Bill: 114-hr-1927
Sponsor: full_name: Rep. Goodlatte, Bob [R-VA-6]
Introduced: 2015-04-22
Policy area: Law
Subjects: Civil actions and liability

Evidence and witnesses

Judicial procedure and administration
Latest action: action_date: 2016-01-11
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-04-22
action_desc: Introduced in House
text: <p><b>Fairness in Class Action Litigation Act of 2015</b></p> <p>Amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. </p> <p>Defines &quot;injury&quot; as the alleged impact of the defendant's actions on the plaintiff's body or property.</p>

action_date: 2015-11-05
action_desc: Reported to House with amendment(s)
text: <p><b>Fairness in Class Action Litigation Act of 2015</b></p> <p>(Sec. 2) This bill amends the federal judicial code to prohibit federal courts from certifying any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered an injury of the same type and scope as the injury of the named class representatives. </p> <p>A court's certification of such a class must include a determination, based on a rigorous analysis of the evidence presented, that the requirements of this Act have been satisfied.</p>

action_date: 2016-01-08
action_desc: Passed House amended
text: <p><b>Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016</b></p> <p>(Sec. 2) This bill amends the federal judicial code to prohibit federal courts from certifying any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered an injury of the same type and scope as the injury of the named class representatives. </p> <p>A court's certification of such a class must include a determination, based on a rigorous analysis of the evidence presented, that the requirements of this Act have been satisfied.</p> <p>(Sec. 3) The bill also amends federal bankruptcy law concerning a trust formed under a reorganization plan following the discharge in bankruptcy of a debtor corporation in order to assume the debtor's liability with respect to claims seeking recovery for personal injury, wrongful death, or property damage allegedly caused by the presence of, or exposure to, asbestos or asbestos-containing products. Such a trust shall file with the bankruptcy court quarterly reports, available on the public docket, which describe each demand the trust has received from a claimant and the basis for any payment made to that claimant (excluding any confidential medical record or the claimant's full Social Security number). Upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, such a trust shall provide any information related to payment from, and demands for payment from, the trust to any party to any action in law or equity concerning liability for asbestos exposure. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1927 IN THE HOUSE OF REPRESENTATIVES April 22, 2015 Mr. Goodlatte (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to improve fairness in class action litigation.

1. Short title This Act may be cited as the Fairness in Class Action Litigation Act of 2015 . 2. Class member injury required (a) In general Title 28, United States Code, is amended by adding at the end the following: 1716. Limitation on certification of class (a) In general No Federal court shall certify any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representative or representatives. (b) Definition In this section, the term injury means the alleged impact of the defendant’s actions on the plaintiff’s body or property. . (b) Clerical amendment The table of sections at the beginning of chapter 114 of title 28, United States Code, is amended by adding at the end the following new item: 1716. Limitation on certification of class. .

tv_txt: IB Union Calendar No. 249 114th CONGRESS 1st Session H. R. 1927 [Report No. 114–328] IN THE HOUSE OF REPRESENTATIVES April 22, 2015 Mr. Goodlatte (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on the Judiciary November 5, 2015 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 22, 2015 A BILL To amend title 28, United States Code, to improve fairness in class action litigation.

1. Short title This Act may be cited as the Fairness in Class Action Litigation Act of 2015 . 2. Class member injury required (a) In general No Federal court shall certify any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered the same type and scope of injury as the named class representative or representatives. (b) Certification order An order issued under Rule 23(c)(1) of the Federal Rules of Civil Procedure that certifies a class seeking monetary relief for personal injury or economic loss shall include a determination, based on a rigorous analysis of the evidence presented, that the requirement in subsection (a) of this section is satisfied.

November 5, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

tv_txt: IIB 114th CONGRESS 2d Session H. R. 1927 IN THE SENATE OF THE UNITED STATES January 11, 2016 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend title 28, United States Code, to improve fairness in class action litigation.

1. Short title This Act may be cited as the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 . 2. Fairness in Class Action Litigation (a) In general No Federal court shall certify any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered the same type and scope of injury as the named class representative or representatives. (b) Certification order An order issued under Rule 23(c)(1) of the Federal Rules of Civil Procedure that certifies a class seeking monetary relief for personal injury or economic loss shall include a determination, based on a rigorous analysis of the evidence presented, that the requirement in subsection (a) of this section is satisfied. 3. Furthering Asbestos Claim Transparency (a) Amendments to title 11, United States Code Section 524(g) of title 11, United States Code, is amended by adding at the end the following: (8) A trust described in paragraph (2) shall, subject to section 107— (A) file with the bankruptcy court, not later than 60 days after the end of every quarter, a report that shall be made available on the court’s public docket and with respect to such quarter— (i) describes each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and (ii) does not include any confidential medical record or the claimant’s full social security number; and (B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure. . (b) Effective date; application of amendments (1) Effective date Except as provided in paragraph (2), this section and the amendments made by this section take effect on the date of the enactment of this Act. (2) Application of amendments The amendments made by this section shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.

Passed the House of Representatives January 8, 2016. Karen L. Haas, Clerk

tv_txt: I 114th CONGRESS 2d Session H. R. 1927 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 28, United States Code, to improve fairness in class action litigation.

1. Short title This Act may be cited as the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 . 2. Fairness in Class Action Litigation (a) In general No Federal court shall certify any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered the same type and scope of injury as the named class representative or representatives. (b) Certification order An order issued under Rule 23(c)(1) of the Federal Rules of Civil Procedure that certifies a class seeking monetary relief for personal injury or economic loss shall include a determination, based on a rigorous analysis of the evidence presented, that the requirement in subsection (a) of this section is satisfied. 3. Furthering Asbestos Claim Transparency (a) Amendments to title 11, United States Code Section 524(g) of title 11, United States Code, is amended by adding at the end the following: (8) A trust described in paragraph (2) shall, subject to section 107— (A) file with the bankruptcy court, not later than 60 days after the end of every quarter, a report that shall be made available on the court’s public docket and with respect to such quarter— (i) describes each demand the trust received from, including the name and exposure history of, a claimant and the basis for any payment from the trust made to such claimant; and (ii) does not include any confidential medical record or the claimant’s full social security number; and (B) upon written request, and subject to payment (demanded at the option of the trust) for any reasonable cost incurred by the trust to comply with such request, provide in a timely manner any information related to payment from, and demands for payment from, such trust, subject to appropriate protective orders, to any party to any action in law or equity if the subject of such action concerns liability for asbestos exposure. . (b) Effective date; application of amendments (1) Effective date Except as provided in paragraph (2), this section and the amendments made by this section take effect on the date of the enactment of this Act. (2) Application of amendments The amendments made by this section shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.

Passed the House of Representatives January 8, 2016. Karen L. Haas, Clerk.