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House
Passes Class Action Fairness Act
WASHINGTON – First District
Congressman Paul Ryan today voted in favor of bipartisan compromise legislation
that would prevent class action abuse, cut down on lawyers’ shopping for
friendly forums in magnet jurisdictions, and put in place a “consumer class
action bill of rights.” This bill – S. 5, the Class Action Fairness Act of
2005 – passed the House by a vote of 279-149.
The Senate already passed this measure.
“Class action lawsuit
abuse is a drain on our legal system and must be addressed,” Ryan said.
“This legislation will help stop lawyers who routinely manipulate
certain courts and leave consumers with little to gain.”
S. 5 includes the following
provisions:
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Fixes a loophole in current
law that has led to the proliferation of large class actions in “magnet”
state courts. This legislation
creates federal jurisdiction over large, multi-state class actions – class
actions where the amount in controversy exceeds $5 million, where there are
at least 100 class members, and where any member of the class is a citizen
of a different state from any defendant.
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Provides
for carefully crafted exceptions that keep truly local disputes in state
court.
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Puts an end to the
various tricks now used by plaintiffs’ lawyers to stay out of federal
court, like naming a local pharmacy or convenience store in a nationwide
product liability suit.
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Establishes a consumer
class action bill of rights to ensure that class members – not their
attorneys – are the primary beneficiaries of the class action process.
For example, this legislation:
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requires that judges carefully review all coupon settlements and limit the portion of attorneys’ fees
attributable to the award of the coupons to the value actually received by class members, |
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prohibits any settlement under which any class member is obligated to pay the class lawyer more than the class member received under the settlement, unless the court makes a written finding that non-monetary benefits to the class member outweigh the financial loss to the class member. |
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bans settlements that award some class members a larger recovery because they live closer to the court. |
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Contact: Kate
Matus (202) 226-7326
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