H.R. 1038 · 109th Congress
Multidistrict Litigation Restoration Act of 2005
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Passed the House without a recorded vote, then expired. It passed by voice vote or unanimous consent, which don't record how each member voted, but didn't become law before the 109th Congress ended.
No cosponsors.
- House Introduced Mar 2, 2005
- House Passed Apr 19, 2005
Multidistrict Litigation Restoration Act of 2005 - 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.
What it does: CRS summary · Passed House without amendment · Apr 19, 2005
(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Multidistrict Litigation Restoration Act of 2005 - 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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Multidistrict Litigation Restoration Act of 2005
Latest action (Apr 20, 2005): Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Policy area: Law · Origin: House · Introduced: Mar 2, 2005
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
- House Introduced Mar 2, 2005
- House Passed Apr 19, 2005
No recorded floor vote found.