On the recordJune 12, 2003
This bipartisan amendment is intended to mirror the amendment offered by Senator Feinstein over in the other body. It is in keeping with the spirit and intent of the bill and would slightly broaden the category of class action cases that would remain in State court in two ways. First, the amendment raises the aggregate amount and controversy required for Federal jurisdiction from $2 million to $5 million. Second, it allows Federal courts discretion to return intrastate class actions in which local law governs the State courts after weighing five factors to determine the case is appropriately of a local character. This discretion would come into play when between one-third and two-thirds of the plaintiffs are citizens of the same State as the primary defendants. If less than one-third are citizens of the same State, the case would automatically be eligible for Federal court jurisdiction under the new diversity rules in the bill. Likewise, if more than two-thirds are citizens of the same State, the case would not be subject to the new rules in this bill and would remain in State court. I urge my colleagues to adopt this amendment to help speed passage of this important legislation.
Source
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