Today is going to be an important day for the American public because the Senate will adopt legislation that takes a significant step forward in improving our Nation's civil justice system. I commend my colleagues on both sides of the aisle for coming together on this very important bipartisan bill. Let me now take a couple of minutes to address the pending amendment, Senator Feingold's amendment, that would add a provision to S. 5 requiring Federal courts to consider remand motions in class actions within a specified period. This amendment is based on the questionable premise that Federal courts move too slowly and consumer claims will stall while plaintiffs are waiting for courts to rule on jurisdictional issues. In fact, in many cases, Federal courts move more quickly than the State courts. Resolving remand motions is always their first course of business, and we are moving these cases to Federal courts. The amendment also fails to recognize the important considerations a judge must make as part of a remand decision. Like other amendments that have been offered, this proposal would result in a less workable bill, not a better one. This amendment should be rejected. The fact is, the Federal courts do not drag their feet in dealing with remand motions.
Orrin Hatch: “Today is going to be an important day for the American public because the Senate will adopt legislation that takes a…”
Editor's note · Context
Discussing the importance of civil justice reform and opposing an amendment related to remand motions in class actions.
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