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Topic: Class Action Fairness Act of 2005

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	U.S. Chamber of Commerce - Jul 31 - Statement on The Class Action Crisis and S. 1712 -- "The Class Action Fairness Act" (Site not responding. Last check: 2007-10-14)
		Class action litigation is a necessary part of our legal system because it can bring efficiency and fairness to situations involving many people with similar claims.
		Even if a claim in a class action may be without merit, because the case is brought on behalf of thousands or millions of claimants, a defendant’s liability exposure is potentially enormous.
		A prime example of this is the Bank of Boston class action settlement where the class attorneys received an $8.5 million payment, but members of the class actually received a $91.13 debit to their mortgage escrow accounts (in other words, the class members actually ended up owing money).
	www.uschamber.com /press/testimony/020731s1712.htm (2054 words)

	CLASS ACTION FAIRNESS ACT OF 2002. (Site not responding. Last check: 2007-10-14)
		The statute of limitations on individual class members' claims in such a dismissed class action would not run during the period the action was pending in Federal court, nor would that of claims in new class actions filed by the same named plaintiffs in the same State venue.
		However, if a class action is dismissed under this section and an individual action is later filed asserting the same claims, the statute of limitations will be deemed tolled during the pendency of the dismissed class action, regardless of where the subsequent individual case is filed.
		When a class action is filed, however, only the named plaintiffs and their counsel have control over the choice of forum; the vast majority of the real parties in interest--the unnamed class members on whose behalf the action is brought and the defendants--have no voice in that decision.
	www.washingtonwatchdog.org /documents/cong_reports/house/107/housereport107_370.html (9924 words)

	Class Action Fairness Act of 2005: New Bill Allows Some New Class Action Cases to Be Removed from State to Federal Court
		Amazingly, the Act, which its supporters say will curb the ability of plaintiffs' attorneys to abuse the class action procedure, was introduced, debated and passed by both houses of the Legislature in a mere three-week period.
		Many class action plaintiffs, however, have little desire to be in federal court due to the widely-held perception that federal judges are less likely to certify a class action and that even those plaintiffs who prevail will obtain a smaller recovery than they would have received in state court.
		While the Act states it will apply to any "civil action commenced on or after the date of the enactment of [the] Act," there is some authority to suggest that a state court action that is removed to federal court is "commenced" as of the date of removal.
	library.findlaw.com /2005/May/19/174535.html (1692 words)

	Morrison & Foerster : Legal Updates & News : Legal Updates : Class Action Fairness Act of 2005 Senate Bill S.5
		The Act facilitates the removal of large, multi-state class actions from state to federal court.
		Nonmonetary Benefits to Class: A settlement where any class member is obligated to pay sums to class counsel that would render a net loss to the class member may be approved only when the court finds that nonmonetary benefits to the class member substantially outweigh the monetary loss.
		Although the new requirements for federal jurisdiction are complicated, the Act will likely result in the removal of a significant number of multi-state class action cases from state to federal court.
	www.mofo.com /news/updates/files/update1436.html (796 words)

	Fredrikson & Byron, P.A. - Class Action Fairness Act (Site not responding. Last check: 2007-10-14)
		Fredrikson and Byron, P.A. - Class Action Fairness Act
		Potential federal jurisdiction is triggered when a suit is based on a state class action or mass action statute, there are more than 100 member of the proposed class, more than $5 million dollars in the aggregate is at issue, and at least one defendant is diverse from at least one proposed class member.
		Where only 1/3 to 2/3 of a proposed class are citizens of the state in which the action was filed and the primary defendants are citizens of the same state, federal court may, in its discretion, take jurisdiction after considering several factors aimed at understanding whether the case is one of federal concern.
	www.fredlaw.com /articles/ip/inte_0502_clb.html (392 words)

	Letter to Representatives opposing the Class Action Fairness Act (S. 5)
		Class action lawsuits are essential to workers who must resort to the courts to enforce state wage and hour laws and state civil rights protections.
		Frequently, only by combining in class action lawsuits are workers able to obtain the legal resources needed to fight employers who systematically violate their rights.
		The fact that these class actions are included reveals the true purpose behind this bill, which is to nullify state protections and to limit the ability of the less-powerful to challenge the systematic misconduct of the more-powerful.
	www.afscme.org /action/l050215.htm (385 words)

	GovTrack: Senate Record: CLASS ACTION FAIRNESS ACT OF 2005 (109-s20050210-12) (Site not responding. Last check: 2007-10-14)
		I think it is fair and accurate to say that the House bill is more restrictive than the Senate bill and our Senate bill, I think, is a better measure to achieve the targeted objective of having class actions decided in the Federal court with balance for plaintiffs and for defendants as well.
		Class actions are large, complex lawsuits with potential ramifications in jurisdictions across the country.
		Class actions, by their very nature, as Senator Hatch described, involve a lot of people from different places and usually a lot is at stake.
	www.govtrack.us /congress/record.xpd?id=109-s20050210-12 (9327 words)

	Class-action reform overdue - The Washington Times: Commentary - January 27, 2005 (Site not responding. Last check: 2007-10-14)
		Instead, the bill takes aim at the handful of state courts that routinely certify and decide multistate class actions — where the plaintiff class is drawn from many states — in a way that makes law for as many as 49 states in addition to their own.
		The Class Action Fairness bill would remedy this by allowing multistate class action litigants to move their cases from state to federal court.
		Today, multistate class actions in plaintiff-friendly jurisdictions allow state courts to do the very thing the federal Constitution was written in part to prevent.
	www.washtimes.com /commentary/20050126-094159-2103r.htm (835 words)

	PROVIDING FOR CONSIDERATION OF H.R. 1115, CLASS ACTION FAIRNESS ACT OF 2003 (Site not responding. Last check: 2007-10-14)
		Additional requirements ``(a) Settlements.--The court may not approve a proposed settlement of a class action unless the court determines that-- ``(1) the settlement is fair, reasonable, and adequate to the plaintiff class; and ``(2) the settlement applies only to claims with respect to which the plaintiff class was authorized to represent class members.
		No pending class action may be consolidated without the approval of the State court judge handling the pending action.
		The judge or judges to whom such actions are assigned and the members of the SCPML may exercise the powers of a trial court judge of any of the relevant State courts for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings.
	www.washingtonwatchdog.org /documents/cong_reports/house/108/housereport108_148.html (2125 words)

	Jenner & Block Comments: Class Action Fairness Act of 2005 - Experts \| SecuritiesConnect
		Class Action Litigation Client Alert dated February 18, 2005 by Matthew Neumeier, Howard Suskin and Kathy Karcher, notes that on February 18, 2005, President George W. Bush signed into law the Class Action Fairness Act of 2005.
		After years of attempts to pass comprehensive class action reform legislation, this version of the bill swept through the United States Senate and House of Representatives in a matter of days once it was brought to the floor of the Senate.
		The Act is intended to discourage costly and abusive class actions while ensuring fair and efficient judgments on legitimate claims.
	www.bowne.com /bsc/analysis_detail.asp?storyid=1657 (296 words)

	Stoel Rives Litigation Bulletin: Class Action Fairness Act of 2005 (Site not responding. Last check: 2007-10-14)
		The swift passage of the Act was surprising, given failed attempts to pass this legislation in October of 2003 and July of 2004.
		The Act is intended to reduce forum shopping and to make national class actions filed in state court removable to federal court, which have historically been less receptive to class certification than their state counterparts.
		Notably, the Act does not confer original jurisdiction on federal district courts where the primary defendants are: States, State officials or other government entities against whom the district court may be disclosed from ordering relief, and to class actions that involve solely securities or corporate governance claims brought under state law.
	www.stoel.com /resources/articles/litigation/lit_02.shtm (1420 words)

	Class Action Fairness Act of 2005 - Wikipedia, the free encyclopedia
		In addition, the Act requires courts computing attorneys' fees for "coupon" settlements to judge the value of the settlement based on the redeemed, rather than the face, value of the coupon.
		It also places restrictions on settlements that result in a net loss to class members.
		This page was last modified 13:06, 2 August 2005.
	en.wikipedia.org /wiki/Class_Action_Fairness_Act_of_2005 (126 words)

	Should Congress Pass the Class Action Fairness Act? : News : About Vanderbilt University Law School (Site not responding. Last check: 2007-10-14)
		NASHVILLE, Tenn.—Two of the leading thinkers in class action litigation will meet at Vanderbilt University Law School on Jan. 22 to debate controversial pending legislation that would reform the way class action lawsuits are tried.
		Nagareda's recent scholarship explores the impact of class action lawsuits on the pursuit of legal rights.
		The Class Action Fairness Act represents much-needed reform that makes a solid start toward curbing the worst sorts of abuses in class action litigation -- abuses, I might add, by both plaintiffs' lawyers and defendants," said Nagareda, who initiated the debate.
	law.vanderbilt.edu /about/news/2003/01_22.html (366 words)

	Class Action and Individual Lawsuits Articles: 2005 News
		Several class action lawsuits were filed against the hospital chain last year, accusing it of overcharging uninsured patients.
		The Class Action Fairness Act is designed to prevent such large lawsuits from being heard in a state court unless most of the plaintiffs are residents of that state and the company is in that state.
		Class actions are lawsuits filed on behalf of a class of plaintiffs, not just one person.
	www.lieffcabraser.com /news.htm (9134 words)

	frelinghuysen.house.gov (Site not responding. Last check: 2007-10-14)
		Abusive and frivolous class actions are being filed in ever-growing numbers, clogging the court system and denying those who have a genuine claim.
		The Class Action Fairness Act will prevent lawyers from shopping for the friendliest venues and jurisdictions where they might win the largest awards or settlements by allowing larger multi-state, involving more than $5 million in claims, to be heard in federal courts.
		The Class Action Fairness Act passed the U.S. Senate last week and will now be sent to the President for his signature.
	frelinghuysen.house.gov /cgi-data/press/files/89.shtml (276 words)

	Senate Approves So-Called 'Class Action Fairness Act' (Site not responding. Last check: 2007-10-14)
		“The class action bill is a strong step forward in our efforts to reform the litigation system and keep America the best place in the world to do business,” President Bush said in a statement.
		Passage of the class action bill comes amid scandals of corporate wrongdoing in the auto, drug, health care, finance, insurance and securities industry.
		Class action combines thousands of small claims against a common defendant into one lawsuits.
	www.legalnewswatch.com /news_531.html (421 words)

	Bush Signs Class-Action Changes Into Law (washingtonpost.com)
		In a ceremony to sign the Class Action Fairness Act, which was passed by the House yesterday and became the first bill to be signed by the president in 2005, Bush vowed to work for passage of "meaningful legal reforms" to curb medical malpractice and asbestos lawsuits.
		President Bush signs the Class Action Fairness Act of 2005 at a ceremony in the East Room of the White House Friday as members of Congress look on.
		It was not until the early 20th century that the Senate enacted rules allowing members to end filibusters and unlimited debate.
	www.washingtonpost.com /wp-dyn/articles/A35084-2005Feb18.html (701 words)

	Tort Reform and the Recent Class Action Fairness Act - The Monroe Street Journal - Features
		To be fair, many lawyers representing victims in civil cases are likely interested only in pursuing fair and legitimate legal remedies.
		The Illinois Civil Justice Reform Act of 1995 (quickly dubbed the "wrong-doer protection act" by its opponents) is one such example.
		The act's limit on non-economic awards was found to restrict victims' constitutional right to a unique trial; the idea being that if a plaintiff's settlement has been limited before the case even begins, then his or her circumstances are not being given a fair hearing.
	www.themsj.com /news/2005/03/14/Features/Tort-Reform.And.The.Recent.Class.Action.Fairness.Act-893899.shtml (826 words)

	Bush Signs So-Called 'Class-Action Fairness Act of 2005' (Site not responding. Last check: 2007-10-14)
		Passage of the class action bill comes during scandals of corporate wrongdoing in the auto, drug, health care, finance, insurance and securities industry.
		Class action suits have never benefited me as an individual, and some penalties actually are not harsh enough on the companies they are brought against, but even then...if the Goverment wants less lawsuits......when will they actually consider to begin protecting the citizen whom has been wronged somehow...when?
		The point of class actions is not to win a huge compensation for class members.
	www.legalnewswatch.com /news_538.html (800 words)

	Goodlatte Wants to End Court Shopping for Class Action Suits
		Trial lawyers are virtually extorting handsome fees from businesses by filing class action suits in carefully selected, friendly courts where businesses promptly throw in the towel rather than defend themselves, according to Congressman Bob Goodlatte (R-Va. 6th) of Roanoke.
		He has been pressing for passage of the bill for four years and predicted that fewer class actions would stay in state courts if the bill is made a law, which he considers more likely now that Republicans control Congress.
		In comments on Goodlatte's proposal, law professor Laurens Walker observed that class actions are private law enforcement devices in which the only government actor present is the judge and that fewer class actions would likely mean a larger enforcement role for the government.
	www.law.virginia.edu /home2002/html/news/2002_fall/goodlatte.htm (486 words)

	Class Action Fairness Act
		1712 is a moderate tort reform bill that respects the institutional accountability that Class Actions ensure, while seeking to curb the frivolous abuses of this legal remedy that have intensified in recent years.
		Specifically, the legislation will move the largest multi-state Class Actions to Federal Court, as opposed to the few, remote, plaintiff friendly jurisdictions in which the majority of these cases are presently filed (places like Madison County, Illinois).
		The Class Action Fairness Act is a procedural reform that does not hinder anyone's ability to file a lawsuit, but ensures that the system will be fairer and more representative of the noble purpose for which it was established.
	www.caltelassn.org /?id=2086 (276 words)

	Class Action Fairness Act Likely Up For Vote In May (Site not responding. Last check: 2007-10-14)
		WASHINGTON, D.C. -- Contrary to earlier reports of its demise, the Class Action Fairness Act of 2004 (S.2062) is likely to come up for a vote on the floor of the Senate in early to mid-May, sources told Mealey Publications April 20.
		The act would prohibit a federal district court from approving a class action settlement under which class members would receive noncash benefits or would be required to spend funds to obtain proposed benefits, unless the court finds -- after a hearing -- that the settlement is fair, reasonable and adequate.
		Moreover, the act would disallow a settlement in which any class member had to pay sums to class counsel that would result in a net loss to the member, unless the court found that nonmonetary benefits to the member outweighed the monetary loss.
	www.lexisone.com /news/nlibrary/m042104f.html (254 words)

	ABA-CLE \| Class Action Practice After the Fairness Act of 2005 (Site not responding. Last check: 2007-10-14)
		The Class Action Fairness Act, enacted on February 18, 2005, makes substantial changes that influence nearly every area of class action practice.
		Significant changes include an expansion of federal diversity jurisdiction over class actions and some "mass actions" and new requirements for federal class action settlements.
		This program brings together experts in class action practice from both sides of the bar to discuss these important changes and provide strategies for adjusting to them.
	www.abanet.org /cle/programs/t05cap1.html (383 words)

	Class Action Fairness Act of 2005
		(1) Class action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.
		`(2) that portion of the attorney's fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (b).
		`(6) In any class action, the claims of the individual class members shall be aggregated to determine whether the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs.
	www.theorator.com /bills109/s5.html (3402 words)

	House approves class-action act - The Washington Times: Nation/Politics - February 18, 2005 (Site not responding. Last check: 2007-10-14)
		The House overwhelmingly passed the Class Action Fairness Act yesterday, setting the stage for President Bush to sign into law as early as today the most sweeping federal tort reform measure in more than a decade.
		The Class Action Fairness Act is part of a broad assault Republicans are levying against rampant litigation and the trial attorney industry, one of the biggest financial backers of Democratic causes.
		One of the most outrageous cases, the congressman said, was one in which a bank was sued and the class of plaintiffs' lawyers walked away with millions.
	www.washtimes.com /national/20050217-114809-3830r.htm (913 words)

	Congress.Org -- Issues and Legislation (Site not responding. Last check: 2007-10-14)
		Class Action Fairness Act of 2004 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members.
		Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects.
		Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.
	www.eactivist.org /congressorg/issues/bills?billnum=S.2062&congress=108 (393 words)

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