On the recordFebruary 9, 2005
there is no loophole in this bill. This amendment would force the Federal courts to certify dissimilar and unmanageable claims, which is the problem occurring in certain magnet State courts right now. This is a fairness and a due process problem. This is not really a compromise at all. It defeats the purpose of the bill. The amendment tells courts to ignore State law and forget about fairness just so a class can be certified. It would require courts to subclass even where it would be unwieldy and impractical. If you want to stop the abuses and pass class action reform, you will oppose this amendment. This underlying bill is the compromise.
Source
govinfo.gov




