Senate committee advances bill
federalizing class actions
(07_11_00)
The Association of Trial Lawyers of America (ATLA)
reports that after two earlier postponements and following a debate that saw opponents of
the bill far more spirited and passionate than its supporters, the Senate Judiciary
Committee voted on June 30 to report to the full Senate S. 353, the so-called “Class
Action Fairness Act.”
According to ATLA, the bill has nothing to do with fairness—its only purpose is to
radically expand the jurisdiction of the Federal District Courts, which it does by
authorizing the removal of virtually all civil actions that are filed as class actions in
state court.
According to ATLA, proponents of the bill failed to attract the widespread bipartisan
support which they sought. In fact, seven of the eight committee Democrats, including
Sens. Dianne Feinstein (D-CA) and Charles Schumer (D-NY), whom supporters of the bill had
targeted, voted for all pro-consumer amendments and against the bill.
Only Sen. Herb Kohl (D-WI) of the committee Democrats voted to report the bill, according
to ATLA. Meanwhile, Sen. Spencer Abraham (R-MI), in a hotly contested re-election fight
against Rep. Debbie Stabenow (D-MI), failed to cast a vote on any of the pro-consumer
amendments, all of which failed on 10-7 votes, ATLA reports.
ATLA reports that ranking Democratic member Sen. Patrick Leahy (D-VT), joined by Sens. Joe
Biden (D-DE), Robert Toricelli (D-NJ), Russ Feingold (D-WI), Edward Kennedy (D-MA), and
Dianne Feinstein (D-CA) led the fight against the bill and offered the pro-consumer
amendments.
Sens. Leahy and Biden went so far as to pledge a spirited filibuster should Majority
Leader Trent Lott (R-MS) seek to bring the bill to the floor for a vote later this
session, according to ATLA.
According to ATLA, among the pro-consumer amendments were ones that would have carved out
from the bill class actions involving environmental issues, guns, and tobacco, as well as
litigation involving state consumer protection statutes. One amendment would have
prevented the removal-dismissal-removal merry-go-round that the bill almost certainly
would create, ATLA reports.
ATLA urges all members to contact your U.S. Senators to oppose this unwarranted,
anti-consumer expansion of Federal Court jurisdiction.