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S. 1751 · 108th Congress

Class Action Fairness Act of 2003

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IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

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13 cosponsors · 3 D, 10 R

7 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Class Action Fairness Act of 2003 - Amends the Federal judicial code to prohibit a Federal district court from approving a proposed class action settlement under which: (1) members would receive non-cash benefits or would be required to expend funds in order to obtain proposed benefits, unless the court finds, after a hearing, that the settlement is fair,…

What it does: CRS summary · Introduced in Senate · Oct 17, 2003

Class Action Fairness Act of 2003 - Amends the Federal judicial code to prohibit a Federal district court from approving a proposed class action settlement under which: (1) members would receive non-cash benefits or would be required to expend funds in order to obtain proposed benefits, unless the court finds, after a hearing, that the settlement is fair, reasonable, and adequate; (2) any member is obligated to pay sums to class counsel that would result in a net loss to the member, unless the court finds that non-monetary benefits to the member outweigh the monetary loss; (3) greater sums would be paid to some class members than to others solely on the basis of their closer geographic proximity to the court; or (4) a greater share would be paid to a class representative than to other class members. Sets forth requirements for: (1) notices of class actions to class members, including a requirement that such notice include a summary written in plain, easily understood language of class member legal consequences, rights, and benefits, obligations of defendants, and attorney fees; and (2) notices of proposed settlements to be served upon appropriate State and Federal regulatory officials.

Grants Federal district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and in which any member of a class of plaintiffs is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.

Sets forth considerations based upon which a district court may decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed, including consideration of whether: (1) the claims asserted involve matters of national or interstate interest; and (2) the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction.

Provides that district courts shall not be granted jurisdiction over any class action: (1) in which two-thirds or more of the members of all proposed plaintiff classes and the primary defendants are citizens of the State in which the action was originally filed; (2) in which the primary defendants are States; (3) in which the number of members of all proposed plaintiff classes is less than 100; or (4) involving certain securities claims or claims involving the internal governance of a corporation that arise under the laws of the State of incorporation.

Sets forth provisions governing: (1) the removal of interstate class actions to U.S. district court; and (2) review by appeal of orders remanding class actions to State courts.

Directs the Judicial Conference of the United States to report on class action settlements, including recommendations for best court practices to ensure that settlements are fair to class members.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Class Action Fairness Act of 2003

Latest action (Oct 22, 2003): Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 59 - 39. Record Vote Number: 403.

Policy area: Law · Origin: Senate · Introduced: Oct 16, 2003

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story

Latest vote · Senate · Oct 22, 2003

Ending debate on taking up the measure (cloture) — Cloture on the Motion to Proceed Rejected. Vote details

Senate Majority Leader: Bill Frist

Table of every position
MemberParty at voteSeatPosition
Lisa MurkowskiRAKYea
Ted StevensRAKYea
Jeff SessionsRALYea
Richard ShelbyRALNay
Blanche LincolnDARYea
Mark PryorDARNay
John McCainRAZYea
Jon KylRAZYea
Barbara BoxerDCANay
Dianne FeinsteinDCAYea
Ben CampbellRCOYea
Wayne AllardRCOYea
Christopher DoddDCTNay
Joseph LiebermanDCTYea
Joseph BidenDDENay
Thomas CarperDDEYea
Bill NelsonDFLNay
Bob GrahamDFLNay
Saxby ChamblissRGAYea
Zell MillerDGAYea
Daniel AkakaDHINay
Daniel InouyeDHINay
Chuck GrassleyRIAYea
Tom HarkinDIANay
Larry CraigRIDYea
Mike CrapoRIDYea
Peter FitzgeraldRILYea
Richard DurbinDILNay
Evan BayhDINYea
Richard LugarRINYea
Pat RobertsRKSYea
Sam BrownbackRKSYea
Jim BunningRKYYea
Mitch McConnellRKYYea
John BreauxDLANay
Mary LandrieuDLANay
John KerryDMANot Voting
Ted KennedyDMANay
Barbara MikulskiDMDNay
Paul SarbanesDMDNay
Olympia SnoweRMEYea
Susan CollinsRMEYea
Carl LevinDMINay
Debbie StabenowDMINay
Mark DaytonDMNNay
Norm ColemanRMNYea
Jim TalentRMOYea
Kit BondRMOYea
Thad CochranRMSYea
Trent LottRMSYea
Conrad BurnsRMTYea
Max BaucusDMTNay
Elizabeth DoleRNCYea
John EdwardsDNCNot Voting
Byron DorganDNDNay
Kent ConradDNDNay
Ben NelsonDNEYea
Chuck HagelRNEYea
John SununuRNHYea
Judd GreggRNHYea
Frank LautenbergDNJNay
Jon CorzineDNJNay
Jeff BingamanDNMNay
Pete DomeniciRNMYea
Harry ReidDNVNay
John EnsignRNVYea
Chuck SchumerDNYNay
Hillary ClintonDNYNay
George VoinovichROHYea
Mike DeWineROHYea
Don NicklesROKYea
Jim InhofeROKYea
Gordon SmithRORYea
Ron WydenDORNay
Arlen SpecterRPAYea
Rick SantorumRPAYea
Jack ReedDRINay
Lincoln ChafeeRRIYea
Fritz HollingsDSCNay
Lindsey GrahamRSCYea
Tim JohnsonDSDNay
Tom DaschleDSDNay
Bill FristRTNYea
Lamar AlexanderRTNYea
John CornynRTXYea
Kay HutchisonRTXYea
Orrin HatchRUTYea
Robert BennettRUTYea
George AllenRVAYea
John WarnerRVAYea
Jim JeffordsIVTYea
Patrick LeahyDVTNay
Maria CantwellDWANay
Patty MurrayDWANay
Herb KohlDWIYea
Russell FeingoldDWINay
Jay RockefellerDWVNay
Robert ByrdDWVNay
Craig ThomasRWYYea
Michael EnziRWYYea