H.R. 1927 — what changed
Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016
From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.
Sec. 2 Class member injury required
changed
In general— Title 28, United States Code, is amended by adding at No Federal court shall certify any proposed class seeking monetary relief for personal injury or economic loss unless the end party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered the following:same type and scope of injury as the named class representative or representatives.
removed
“1716. Limitation on certification of class
removed
“(a) In general—No Federal court shall certify any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representative or representatives.
removed
“(b) Definition—In this section, the term “injury” means the alleged impact of the defendant’s actions on the plaintiff’s body or property.”
changed
Clerical amendment—Certification order— The table An order issued under Rule 23(c)(1) of sections at the beginning Federal Rules of chapter 114 Civil Procedure that certifies a class seeking monetary relief for personal injury or economic loss shall include a determination, based on a rigorous analysis of title 28, United States Code, is amended by adding at the end evidence presented, that the following new item:requirement in subsection (a) of this section is satisfied.