THE INTERSTATE CLASS ACTION
JURISDICTION ACT:
SECTION-BY-SECTION
ANALYSIS
Section 1 - Sets forth the bill's title
- "The Interstate Class Action Jurisdiction Act of
1999."
Section 2 - States findings about the
purposes of the act.
Section 3 - Grants federal district
courts original jurisdiction over class actions in
which there is minimal diversity (that is, any
member of a proposed plaintiff class is a citizen
of a state different from any defendant).
Clarifies the meaning of minimal diversity where
corporate entities are involved.
Requires federal district courts to abstain
from hearing (a) local cases (cases in which the
substantial majority of the plaintiff class
members are citizens of a single State of which
the primary defendants are also citizens
and the claims asserted will be governed
primarily by the laws of that State); (b) limited
scope cases (cases involving fewer than 100 class
members or less than $1 million); (c) state action
cases (cases against States, State officials, or
other governmental entities).
Makes the Act Applicable to any "covered class
action" or any "exclusively derivative action" as
those terms are defined in the Securities
Litigation Uniform Standards Act of 1998.
Section 4 - Authorizes removal of class
actions to federal court by any (a) defendant
without the consent of all defendants or (b)
plaintiff class member without the consent of all
members. Renders inapplicable to class actions the
bar on removing cases after they have been pending
for one year (while leaving in place the
requirement that cases must be removed within 30
days after notice that there is federal
jurisdiction over a matter).
Specifies that nothing in the Act shall alter
applicable substantive law.
Directs federal district courts to dismiss any
class action removed solely under the Act's class
action jurisdiction provisions if the court
determines that the action may not proceed as a
class action. Provides that if a class action is
dismissed under these provisions, claims asserted
on behalf of class members shall be deemed tolled
to the full extent provided under Federal law.
Specifies that nothing in the Act prohibits
plaintiffs from filing an amended class action
complaint (although it may be removed if subject
to federal jurisdiction).
Section 5 - Specifies that the Act's
provisions shall apply to any action commenced on
or after the date of enactment. |