S. 1751 — 108th Congress

Class Action Fairness Act of 2003

Originated in the Senate · Introduced Oct 16, 2003 · Law

Latest action

Oct 22, 2003

Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 59 - 39. Record Vote Number: 403.

CRS summary

As of Oct 17, 2003

Introduced in Senate

Class Action Fairness Act of 2003 - Amends the Federal judicial code to prohibit a Federal district court from approving a proposed class action settlement under which: (1) members would receive non-cash benefits or would be required to expend funds in order to obtain proposed benefits, unless the court finds, after a hearing, that the settlement is fair, reasonable, and adequate; (2) any member is obligated to pay sums to class counsel that would result in a net loss to the member, unless the court finds that non-monetary benefits to the member outweigh the monetary loss; (3) greater sums would be paid to some class members than to others solely on the basis of their closer geographic proximity to the court; or (4) a greater share would be paid to a class representative than to other class members. Sets forth requirements for: (1) notices of class actions to class members, including a requirement that such notice include a summary written in plain, easily understood language of class member legal consequences, rights, and benefits, obligations of defendants, and attorney fees; and (2) notices of proposed settlements to be served upon appropriate State and Federal regulatory officials.

Grants Federal district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and in which any member of a class of plaintiffs is: (1) a citizen of a State different from any defendant; (2) a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or (3) a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.

Sets forth considerations based upon which a district court may decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate and the primary defendants are citizens of the State in which the action was originally filed, including consideration of whether: (1) the claims asserted involve matters of national or interstate interest; and (2) the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction.

Provides that district courts shall not be granted jurisdiction over any class action: (1) in which two-thirds or more of the members of all proposed plaintiff classes and the primary defendants are citizens of the State in which the action was originally filed; (2) in which the primary defendants are States; (3) in which the number of members of all proposed plaintiff classes is less than 100; or (4) involving certain securities claims or claims involving the internal governance of a corporation that arise under the laws of the State of incorporation.

Sets forth provisions governing: (1) the removal of interstate class actions to U.S. district court; and (2) review by appeal of orders remanding class actions to State courts.

Directs the Judicial Conference of the United States to report on class action settlements, including recommendations for best court practices to ensure that settlements are fair to class members.

Congressional Research Service, via api.congress.gov (public domain)

Roll-call votes

1 on record

Oct 22, 2003 · On Cloture on the Motion to Proceed

Full roll call

Cloture on the Motion to Proceed Rejected (59–39)

62 of 100 recorded votes are not yet matched to a member profile.

Yea59: 17 R · 2 D

MemberPartyState
VOINOVICH, George VictorOH
LUGAR, Richard GreenIN
SANTORUM, Richard JohnPA
STEVENS, Theodore FultonAK
DOMENICI, Pete VichiNM
BUNNING, James Paul DavidKY
BROWNBACK, Sam DaleKS
MILLER, Zell BryanGA
LIEBERMAN, Joseph I.CT
ENSIGN, John EricNV
HAGEL, Charles TimothyNE
DeWINE, MichaelOH
GREGG, Judd AlanNH
SPECTER, ArlenPA
JEFFORDS, James MerrillVT
CAMPBELL, Ben NighthorseCO
CRAIG, Larry EdwinID
THOMAS, Craig LyleWY
BOND, Christopher SamuelMO
FITZGERALD, Peter G.IL
SNOWE, Olympia JeanME
ALLARD, A. WayneCO
HUTCHISON, Kathryn Ann BaileyTX
COLEMAN, NormMN
NELSON, Earl BenjaminNE
BAYH, EvanIN
SMITH, Gordon HaroldOR
DOLE, Elizabeth HanfordNC
BURNS, ConradMT
FRIST, William H.TN
LOTT, Chester TrentMS
KOHL, Herbert H.WI
LINCOLN, Blanche LambertAR
TALENT, James MatthesMO
NICKLES, Donald LeeOK
BENNETT, Robert FosterUT
ALLEN, GeorgeVA
CHAFEE, Lincoln DavenportRI
WARNER, John WilliamVA
SUNUNU, John E.NH
Dianne FeinsteinDemocratCA
Thomas R. CarperDemocratDE
Lisa MurkowskiRepublicanAK
Jeff SessionsRepublicanAL
John McCainRepublicanAZ
Jon KylRepublicanAZ
Saxby ChamblissRepublicanGA
Chuck GrassleyRepublicanIA
Mike CrapoRepublicanID
Pat RobertsRepublicanKS
Mitch McConnellRepublicanKY
Susan M. CollinsRepublicanME
Thad CochranRepublicanMS
James M. InhofeRepublicanOK
Lindsey GrahamRepublicanSC
Lamar AlexanderRepublicanTN
John CornynRepublicanTX
Orrin G. HatchRepublicanUT
Michael B. EnziRepublicanWY

Nay39: 18 D · 1 R

MemberPartyState
INOUYE, Daniel KenHI
LAUTENBERG, Frank RaleighNJ
CORZINE, Jon StevensNJ
BINGAMAN, Jesse Francis (Jeff), Jr.NM
HOLLINGS, Ernest FrederickSC
FEINGOLD, Russell DanaWI
BYRD, Robert CarlyleWV
SARBANES, Paul SpyrosMD
DODD, Christopher JohnCT
BREAUX, John BerlingerLA
BAUCUS, Max SiebenMT
DORGAN, Byron LeslieND
CLINTON, Hillary RodhamNY
KENNEDY, Edward MooreMA
DASCHLE, Thomas AndrewSD
GRAHAM, Daniel RobertFL
AKAKA, Daniel KahikinaHI
DAYTON, MarkMN
CONRAD, KentND
BIDEN, Joseph Robinette (Joe), Jr.DE
Mark L. PryorDemocratAR
Barbara BoxerDemocratCA
Bill NelsonDemocratFL
Tom HarkinDemocratIA
Richard J. DurbinDemocratIL
Mary L. LandrieuDemocratLA
Barbara A. MikulskiDemocratMD
Carl LevinDemocratMI
Debbie StabenowDemocratMI
Harry ReidDemocratNV
Charles E. SchumerDemocratNY
Ron WydenDemocratOR
Jack ReedDemocratRI
Tim JohnsonDemocratSD
Patrick J. LeahyDemocratVT
Maria CantwellDemocratWA
Patty MurrayDemocratWA
John D. Rockefeller, IVDemocratWV
Richard C. ShelbyRepublicanAL

Not Voting2

MemberPartyState
KERRY, John ForbesMA
EDWARDS, JohnNC

Member pages currently show roll-call votes from the 119th Congress only. The “Member pages” column marks votes from that congress.