{ "id": "RL31506", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31506", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 101323, "date": "2002-07-20", "retrieved": "2016-05-24T20:06:52.030941", "title": "Class Actions and Proposed Reform in the 107th Congress: Class Action Fairness Act of 2002", "summary": "On March 13, 2002, the Class Action Fairness Act of 2002 ( H.R. 2341 ) passed the\nHouse by a vote of 233-190. Similar legislation is pending in the Senate ( S. 1712 ). \nBoth bills allow defendants to move certain class action cases from state to federal court on diversity\ngrounds (plaintiffs from different states than defendants) even in the absence of the complete\ndiversity. Proponents contend that existing law permits unfair forum shopping for friendly state\ncourts. Opponents argue that the change works to the disadvantage of consumers. Both bills afford\nconsumers and other class action plaintiffs greater protection which includes: (1) notices to class\nmembers in \"Plain English,\" (2) judicial scrutiny of settlements in which class members receive\nminimal benefits or actually incur losses, (3) elimination of inequitable discrimination in favor of\nclass agents at the expense of other class members, (4) prompt consideration of interstate class\nactions, and (5) application of the principles of federal diversity jurisdiction to interstate class\nactions.\n H.R. 2341 requires (1) plaintiffs' attorneys to disclose their fees in any class action\nsettlement or final judgment favoring plaintiffs; (2) prevents judges from sealing records in class\naction settlements except for orders consistent with the public interest and narrowly drawn; (3)\ndirects the Judicial Conference to study ways to improve class action attorney's fee arrangements;\nand (4) authorizes pre-trial appeals of district court decisions to grant or deny certification to a class. \n S. 1712 insists on none of these things, but unlike H.R. 2341 , it does\npostpone the effective date of any class action settlement until 90 days after federal and state\nauthorities have been notified of its provisions.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31506", "sha1": "db71d535b5a0407dd222568c7f32786d3a9b5230", "filename": "files/20020720_RL31506_db71d535b5a0407dd222568c7f32786d3a9b5230.pdf", "images": null }, { "format": "HTML", "filename": "files/20020720_RL31506_db71d535b5a0407dd222568c7f32786d3a9b5230.html" } ], "topics": [] } ], "topics": [ "American Law" ] }