The principles that have just been enumerated apply to another provision that I would like to discuss, the mass action provision. Under this provision, defendants will be able to remove mass actions to Federal court under the same circumstances in which they will be able to remove class actions. However, a Federal court would only exercise jurisdiction over these claims that meet the $75,000 minimum. In addition, a mass action cannot be removed to Federal court if it falls under one of the following four categories: number one, if all of the claims arise out of an event or occurrence that happened in the State where the action was filed and that resulted in injuries only in that State or in contiguous States; number two, if it is the defendants who seek to have the claims joined for trial; number three, if the claims are asserted on behalf of the general public pursuant to a State statute authorizing such an action; and, number four, if the claims have been consolidated or coordinated for pretrial purposes only. I would appreciate the gentleman from Wisconsin clarifying how the $75,000 amount in controversy minimum would apply to assessing whether Federal jurisdiction exists over a mass action, and, most importantly, explaining the intent of the sponsors with regard to the first and third exceptions.
Editor's note · Context
Discussing the mass action provision and its implications for Federal court jurisdiction.
Share
More from Rick Boucher
I can't let pass the suggestion that there is nothing in this legislation that advances the interests of the domestic coal industry in the United States. In fact, there are two very important provisions that address the future needs for…
On the subject of the renewable portfolio standard, the gentleman from Texas and I are actually in bipartisan agreement. And while I strongly support the legislation before us and have urged and will urge the House to pass this bill…
Health care reform is needed. More than 36 million American citizens do not have health insurance, and millions more are underinsured and cannot afford to pay for the medical care they need. Those who have health insurance are finding that…





