I had hoped that the Judiciary Committee would undertake a deliberate and careful review of information from parties actually involved in class action litigation to provide a realistic picture of the benefits and problems with class actions. But instead of doing the work for America, we are proceeding with a special interest piece of legislation which has repeatedly failed to pass the Senate in recent years. Our Judiciary Committee did not carry out the kind of thorough and thoughtful legal analysis of this difficult issue it should have. The committee did not provide our fellow Senators with the assistance that they may want and need in this complex area. I acknowledge the hard work and dedication of my friend, the senior Senator from California, Mrs. Feinstein, who took on an enormous task, attempting with her amendment to rectify some of the harms created by this bill. I appreciate the sincerity of her concern. I appreciate the genuine effort she made. But her amendment touches on only a sliver of the class action cases which this bill would affect--only when plaintiffs and primary defendants are from the same State--and even then it could cause harm. At its core, this bill deprives citizens of the right to sue on State law claims in their own State courts if the principal defendant is a citizen of another State, even if that defendant has a substantial presence in the plaintiff's home State, and even if the harm done was in the plaintiff's home State.
Patrick Leahy: “I had hoped that the Judiciary Committee would undertake a deliberate and careful review of information from parties…”
Editor's note · Context
Discussing concerns over class action litigation legislation during Senate floor debate.
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