Russ Feingold: “everyone understands that this bill will allow many more class actions to be removed from State to Federal court, but as…”

“everyone understands that this bill will allow many more class actions to be removed from State to Federal court, but as the supporters have been proclaiming all week long, there are still class actions that belong in State court, even under this bill. Unfortunately, that may not stop defendants from removing cases that should still be in State court. When a notice of removal is filed, the case is removed to Federal court. There is no proceeding in the State court to make sure the removal is proper. It is up to the Federal court to decide that question, but only if the plaintiffs file a motion to remand to return the case back to the State court. The amendment I have offered is designed simply to make sure that this process of removal and remand does not become a tool for delaying cases that actually belong in State court. It requires a district court to take a look at a motion to remand within 60 days of filing and then do one of two things: Decide it, which I hope will be possible in almost all cases, or issue an order stating why a decision is not yet possible. If the court issues that order, it must then reach a decision within 180 days of filing. The parties can agree on an extension of any length. I want to make this clear because I heard Senator Grassley responding to my original argument when I came on the floor. The amendment before us actually gives the court a great deal of flexibility.”