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S. 5 - the Federal Class Action Fairness Act of 2005

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  • S. 5 (2005)
  • Adds to Title 28 of the U.S. Code a new Chapter 114 entitled, Class Actions
  • PDF Format eBook (Fully searchable)
  • Report: 409 pages
  • Exhibits: 2243 pages (includes all documents from the 106th - 109th Congresses)
  • Fee: $195
  • Download the Class Action eBook directly from the Capitol Research website

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Hard Copy Report

  • S. 5 (2005)
  • Adds to Title 28 of the U.S. Code a new Chapter 114 entitled, Class Actions
  • Report: 409 pages
  • Exhibits CD includes all documents from the 106th - 109th Congresses in PDF format (2243 pages)
  • Fee: $295
  • Shipping: $15

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Abstract

The Class Action Fairness Act was first filed in 1999. Each Congress since has considered the Act since then and finally in February, 2005, the bill passed.

This report follows the Class Action Fairness Act from its initial filing through final passage. It includes the congressional discussions on the bill in a summarized form from 1999 to 2004. The 2005 deliberations are fully reproduced in the body of this report. Copies of all of the bills and reports as well as Congressional Record excerpts are included in the Exhibits CD.

In summary, S.5:

  • 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.
  • Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court.
  • Specifies requirements for notices of proposed settlements.
  • 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.
  • Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction.
  • Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders.
  • 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. (Congressional Research Service)

Exhibits

106th Congress (1999-2000)

S. 353

1. THOMAS Bill Summary & Status Record, S. 353, 106th Cong. (1999-2000)

2. S. 353, As Introduced, 106th Cong., 1st S. (1999)

3. S. 353, Reported, 106th Cong., 1st S. (1999)

4. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 353, the Class Action Fairness Act of 1999 (Introduced)

5. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 353, the Class Action Fairness Act of 1999 (Reported to Senate, Amended)

6. Hearings on the Class Action Fairness Act of 1999 Before the Subcommittee on Administrative Oversight and the Courts of the Senate Committee on the Judiciary, 106th Cong., 1st Sess. (May 4, 1999)

7. S. Rep. No. 420, 106th Cong., 2nd Sess.

8. 145 Cong. Rec. S1166 (daily ed. February 3, 1999) (Class Action Fairness Act of 1999)

107th Congress (2001-2002)

H.R. 2341

9. THOMAS Bill Summary & Status Record, H.R. 2341, 107th Cong. (2001-2002)

10. H.R. 2341, As Introduced, 107th Cong., 1st S. (2001)

11. H.R. 2341, Reported, 107th Cong., 1st S. (2001)

12. H.R. 2341, Engrossed, 107th Cong., 1st S. (2001)

13. H.R. 2341, Passed by the House, Referred to Senate Committee, 107th Cong., 1st S. (2001)

14. H.Res. 367, Reported, 107th Cong., 1st S. (2001)

15. H.Res. 367, Engrossed, 107th Cong., 1st S. (2001)

16. CONGRESSIONAL RESEARCH SERVICE, Summary of H.R. 2341, the Class Action Fairness Act of 2001 (Introduced)

17. CONGRESSIONAL RESEARCH SERVICE, Summary of H.R. 2341, the Class Action Fairness Act of 2001 (Passed House, Amended)

18. Hearings on the Class Action Fairness Act of 2002 Before the House Committee on the Judiciary, 107th Cong., 2nd Sess. (February 6, 2002)

19. Hearings on the Class Action Fairness Act of 2002 Before the Senate Committee on the Judiciary, 107th Cong., 2nd Sess. (July 31, 2002)

20. H. Rep. No. 370, 107th Cong., 2nd Sess.

21. 147 Cong. Rec. S1234 (daily ed. June 27, 2001) (Introduction of the Class Action Fairness Act of 2001)

22. 148 Cong. Rec. H838 (daily ed. March 13, 2002) (Providing for Consideration of H.R. 2341, Class Action Fairness Act of 2002); 148 Cong. Rec. H847 (daily ed. March 13, 2002) (Class Action Fairness Act of 2002)

S. 1712

23. THOMAS Bill Summary & Status Record, S. 1712, 108th Cong. (2001-2002)

24. S. 1712, As Introduced, 107th Cong., 1st S. (2001)

25. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 1712, the Class Action Fairness Act of 2001 (Introduced)

26. 147 Cong. Rec. S11946 (daily ed. November 15, 2001) (Statements on Introduced Bills and Resolutions)

108th Congress (2003-2004)

H.R. 1115

27. THOMAS Bill Summary & Status Record, H.R. 1115, 108th Cong. (2003-2004)

28. H.R. 1115, As Introduced, 108th Cong., 1st Sess. (2003)

29. H.R. 1115, Reported in House, 108th Cong., 1st Sess. (2003)

30. H.R. 1115, Engrossed, 108th Cong., 1st Sess. (2003)

31. H.R. 1115, Reported in House, 108th Cong., 1st S. (2003)

32. H.Res. 269, Reported in House, 108th Cong., 1st Sess. (2003)

33. H.Res. 269, Engrossed, 108th Cong., 1st Sess. (2003)

34. Class Action Fairness Act of 2003: Hearing Before the House Committee on the Judiciary, 108th Cong., 1st Sess. (2003)

35. H. Rep. No. 144, 108th Cong., 1st Sess. (2003)

36. CONGRESSIONAL RESEARCH SERVICE, Summary of H.R. 1115, the Class Action Fairness Act of 2003 (Introduced)

37. CONGRESSIONAL RESEARCH SERVICE, Summary of H.R. 1115, the Class Action Fairness Act of 2003 (Reported to house, Amended)

38. CONGRESSIONAL RESEARCH SERVICE, Summary of H.R. 1115, the Class Action Fairness Act of 2003 (Passed the House)

39. 149 Cong. Rec. E405 (daily ed. March 6, 2003) (Introduction of the Class Action Fairness Act of 2003)

40. 149 Cong. Rec. H5281 (daily ed. June 12, 2003) (Class Action Fairness Act of 2003)

S. 274

41. THOMAS Bill Summary & Status Record, S. 274, 108th Cong. (2005-2006)

42. S. 274, As Introduced, 108th Cong., 1st S. (2003)

43. S. Rep. No. 123, 108th Cong., 1st Sess.

44. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 274, the Class Action Fairness Act of 2003 (Introduced)

45. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 274, the Class Action Fairness Act of 2003 (Reported to Senate, Amended)

46. 149 Cong. Rec. S1673 (daily ed. February 16, 2005) (Class Action Fairness Act of 2003)

S. 1751

47. THOMAS Bill Summary & Status Record, S. 1751, 108th Cong. (2003-2004)

48. S. 1751, Placed on Senate Calendar, 108th Cong., 1st S. (2003)

49. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 1751, the Class Action Fairness Act of 2003 (Introduced)

50. 149 Cong. Rec. S12759 (daily ed. October 16, 2003) (Measure Read the First Time-S. 1751)

51. 149 Cong. Rec. S12852 (daily ed. October 17, 2003) (Measure Placed on the Calendar-S. 1751); 149 Cong. Rec. S12852 (daily ed. October 17, 2003) (Class Action Fairness Act of 2003-Motion to Proceed)

52. 149 Cong. Rec. S12866 (daily ed. October 20, 2003) (Class Action Fairness Act of 2003-Motion to Proceed); 149 Cong. Rec. S12885 (daily ed. October 20, 2003) (Class Action Fairness Act of 2003-Motion to Proceed); 149 Cong. Rec. S12889 (daily ed. October 20, 2003) (Additional Cosponsors); 149 Cong. Rec. S12905 (daily ed. October 20, 2003) (Program)

53. 149 Cong. Rec. S12948 (daily ed. October 21, 2003) (Class Action Fairness Act of 2003-Motion to Proceed)

54. 149 Cong. Rec. S12999 (daily ed. October 22, 2003) (Class Action Fairness Act of 2003-Motion to Proceed); 149 Cong. Rec. S13054 (daily ed. October 22, 2003) (Additional Cosponsors)

55. 149 Cong. Rec. S12999 (daily ed. October 22, 2003) (Additional Cosponsors)

S. 2062

56. THOMAS Bill Summary & Status Record, S. 2062, 108th Cong. (2003-2004)

57. S. 2062, Placed on Senate Calendar, 109th Cong., 1st S. (2005)

58. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 2062, the Class Action Fairness Act of 2003 (Introduction)

59. 150 Cong. Rec. S6249 (daily ed. May 21, 2005) (Class Action Fairness Act of 2004-Motion to Proceed).

60. 150 Cong. Rec. S7563 (daily ed. July 6, 2005) (Class Action Fairness Act of 2004)

61. 150 Cong. Rec. S7697 (daily ed. July 7, 2005) (Class Action Fairness Act of 2004)

62. 150 Cong. Rec. S7782 (daily ed. July 8, 2005) (Class Action Fairness Act of 2004)

S. 12

63. THOMAS Bill Summary & Status Record, S. 12, 108th Cong. (2003-2004)

64. S. 12, As Introduced, 108th Cong., 1st S. (2003)

65. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 12, the Class Action Fairness Act of 2003 (Introduced)

109th Congress (2005-2006)

H.R. 516

66. THOMAS Bill Summary & Status Record, H.R. 516, 109th Cong. (2005-2006)

67. H.R. 516, As Introduced, 109th Cong., 1st S. (2005)

68. CONGRESSIONAL RESEARCH SERVICE, Summary of H. 516, the Class Action Fairness Act of 2005 (Introduced)

69. 151 Cong. Rec. E136 (daily ed. February 2, 2005) (Introduction of the Class Action Fairness Act of 2005)

70. 151 Cong. Rec. H685 (daily ed. February 16, 2005) (Class Action Fairness Act of 2005)

S. 5

71. THOMAS Bill Summary & Status Record, S. 5, 109th Cong. (2005-2006)

72. S. 5, As Introduced, 109th Cong., 1st S. (2005)

73. S. 5, Reported, 109th Cong., 1st Sess. (2005)

74. S. 5, Engrossed, 109th Cong., 1st Sess. (2005)

75. S. 5, Enrolled, 109th Cong., 1st Sess. (2005)

76. H. Res. 96, Reported, 109th Cong., 1st Sess. (2005)

77. H. Res. 96, Engrossed, 109th Cong., 1st Sess. (2005)

78. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 5, the Class Action Fairness Act of 2005 (Introduced)

79. CONGRESSIONAL RESEARCH SERVICE, Summary of S. 5, the Class Action Fairness Act of 2005 (Reported to Senate, without amendment)

80. H. Rep. No. 7, 109th Cong., 1st Sess. (2005)

81. Senate Hearing Transcript [Omitted– Not yet published]

82. S. Rep. 14, 109th Cong., 1st Sess.

83. 151 Cong. Rec. S435 (daily ed. January 25, 2005) (Introduction of Bills)

84. 151 Cong. Rec. S575 (daily ed. January 26, 2005) (Additional Co-sponsors); 151 Cong. Rec. S613 (daily ed. January 26, 2005) (Authority for Committees to Meet)

85. 151 Cong. Rec. S648 (daily ed. January 31, 2005) (Additional Co-sponsors);

86. 151 Cong. Rec. S979 (daily ed. February 3, 2005) (Additional Co-sponsors); 151 Cong. Rec. S993 (daily ed. February 3, 2005) (Authority for Committees to Meet); 151 Cong. Rec. S994 (daily ed. February 3, 2005) (Orders for Monday, February 7, 2005);

87. 151 Cong. Rec. S996 (daily ed. February 7, 2005) (Class Action Fairness Act of 2005); 151 Cong. Rec. S1050 (daily ed. February 7, 2005) (Additional Co-sponsors); 151 Cong. Rec. S1065 (daily ed. February 7, 2005) (Orders for Tuesday, February 8, 2005)

88. 151 Cong. Rec. S1215 (daily ed. February 8, 2005) (Text of Amendments); 151 Cong. Rec. S1076 (daily ed. February 8, 2005) (Class Action Fairness Act of 2005)

89. 151 Cong. Rec. S1144 (daily ed. February 9, 2005) (Orders for Wednesday, February 10, 2005); 151 Cong. Rec. S1150 (daily ed. February 9, 2005) (Class Action Fairness Act of 2005); 151 Cong. Rec. S1199 (daily ed. February 9, 2005) (Additional Co-sponsors); 151 Cong. Rec. S1215 (daily ed. February 9, 2005) (Text of Amendments);

90. 151 Cong. Rec. S1225 (daily ed. February 10, 2005) (Class Action Fairness Act of 2005); 151 Cong. Rec. S1261 (daily ed. February 10, 2005) (Additional Co-sponsors)

91. 151 Cong. Rec. S1332 (daily ed. February 14, 2005) (Class Action Fairness Act of 2005).

92. 151 Cong. Rec. H723 (daily ed. February 17, 2005) (Class Action Fairness Act of 2005).

93. Office of the President, Press Release, President Signs Class-Action Fairness Act of 2005 (February 18, 2005)

94. Class Action Fairness Act of 2005, Pub. L. No. 109-002 (2005)