CIS/Index
Copyright © 1999, Congressional Information
Service, Inc.
2000 CIS S 52119
TITLE:
Class Action Fairness Act of 1999
CIS-NO: 2000-S521-19
SOURCE: Committee on the Judiciary. Senate
DOC-TYPE:
Hearing Retrieve
the full text of testimony
DOC-NO: S. Hrg. 106-465
DATE: May 4, 1999
LENGTH: iv+262 p.
CONG-SESS: 106-1
ITEM-NO: 1042-A; 1042-B
SUDOC: Y4.J89/2:S.HRG.106-465
MC-ENTRY-NO: 2000-14874
CIS DOCUMENT ON DEMAND:
1-800-227-2477 (Full Text Reproductions)
SUMMARY:
Committee Serial No. J-106-22. Hearing before the Subcom on Administrative
Oversight and the Courts to consider S. 353 (text, p. 141-154), the
Class Action Fairness Act of 1999, to revise procedures
governing class action lawsuits, including provisions to:
a. Limit attorneys' fees in class action
lawsuits to a reasonable percentage of damages received by plaintiffs.
b. Allow plaintiffs or defendants in a class
action lawsuit involving citizens of different States to remove the
case from State court to Federal district court.
Bill responds to
concerns about abuses related to recent proliferation of class
action lawsuits, especially those occurring at the State level of
adjudication, including consumer lawsuits in which the plaintiffs' attorneys
receive excessive fees while the plaintiffs themselves receive little or nothing
from the settlements.
Supplementary material (p. 5-32, 141-262)
includes correspondence, witnesses' written replies to Subcom questions, and:
-- Federalist Society for Law and Public Policy Studies,
Class Action Watch, newsletters (p. 5-32).
CONTENT-NOTATION: Class action
lawsuits procedures revision
BILLS: 106
S. 353
DESCRIPTORS:
CLASS ACTION LAWSUITS; CIVIL PROCEDURE; LIABILITY;
PROFESSIONALS' FEES; JUDGMENTS, CIVIL PROCEDURE; LAWYERS; CONSUMERS; STATE
COURTS; FEDERAL DISTRICT COURTS; CLASS ACTION FAIRNESS ACT
00-S521-19 TESTIMONY NO: 1 May 4, 1999 p. 37-40
WITNESSES (and witness notations):
KOHL,
HERBERT H. (Sen, D-Wis)
STATEMENT:
Explanation of sponsored S. 353.
CONTENT
NOTATION:
Class action lawsuits
procedures revision
00-S521-19 TESTIMONY NO: 2
May 4, 1999 p. 40-52, 155-167
WITNESSES (and
witness notations):
ACHESON, ELEANOR D. (Assistant
Attorney General, Office of Policy Development, Department of Justice)
STATEMENT AND DISCUSSION:
Opposition to S.
353; issues relating to legislation and class action lawsuits.
CONTENT NOTATION:
Class
action lawsuits procedures revision
TESTIMONY
DESCRIPTORS:
DEPARTMENT OF JUSTICE
00-S521-19 TESTIMONY NO: 3 May 4, 1999 p. 52-107, 168-180
WITNESSES (and witness notations):
FRANK,
JOHN P.
ELLIOTT, E. DONALD (both attorneys)
STATEMENTS AND DISCUSSION:
Background on development
of current Rule 23 of the Federal Rules of Civil Procedure regarding
class action lawsuits; perspectives on abuses in class
action lawsuits, focusing on excessive attorneys' fees; views on S.
353; support for bill provisions regarding removal of class
action lawsuits from State courts to Federal courts; elaboration on
issues relating to legislation and class action lawsuits.
CONTENT NOTATION:
Class
action lawsuits procedures revision
TESTIMONY
DESCRIPTORS:
FEDERAL RULES OF CIVIL PROCEDURE
00-S521-19 TESTIMONY NO: 4 May 4, 1999 p.
107-139, 181-262
WITNESSES (and witness notations):
MORRISON, STEPHEN G. (attorney)
DAYNARD, RICHARD A. (Professor, Law, Northeastern
University School of Law)
BEISNER, JOHN H. (attorney)
STATEMENTS AND DISCUSSION:
Differing views
on S. 353; overview of abuses in State class action lawsuits;
disagreement with Department of Justice testimony regarding S. 353; elaboration
on issues relating to legislation and class action lawsuits.
INSERTION:
-- Smoking-related litigation,
judicial decisions and article, texts (p. 199-246).
CONTENT
NOTATION:
Class action lawsuits
procedures revision
TESTIMONY DESCRIPTORS:
SMOKING; JUDGMENTS, CIVIL PROCEDURE; LAWSUITS; DEPARTMENT
OF JUSTICE
LOAD-DATE: July 6, 2001 
