Section 1 Short title
This Act may be cited as the “Pullman Act”.
Pullman Act
A BILL
To amend title 28, United States Code, to allow for a stay of Federal district court actions pending resolution of unsettled and ambiguous questions of State law, and for other purposes.
Sec. 2 Stay of Federal district court actions
In general— Chapter 111 of title 28, United States Code, is amended by adding at the end the following:
“1660. Stay of actions to resolve issues of State law
“(a) Stay—When a civil action before a United States district court involves a challenge to an unsettled and ambiguous question of State law on Federal constitutional grounds, the district court—
“(1) may, and should, stay the action, pending resolution of the question of State law, if—
“(A) resolution of the unsettled and ambiguous question of State law could avoid the need to reach the Federal constitutional issue or materially change the nature of the Federal constitutional issue; and
“(B) there are adequate means under State law to resolve the unsettled question of State law; and
“(2) may certify the question of State law to the appropriate court of that State.
“(b) Definitions—In this section:
“(1) State—The term “State” means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States.
“(2) State law—The term “State law” means the law of any State.”
Appeals from interlocutory orders— Section 1292(a) of title 28, United States Code, is amended by adding at the end the following:
“(4) Interlocutory orders of such district courts or the judges thereof refusing the stay of an action under section 1660(a).”
Conforming amendment— The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following new item:
Effective date— The amendments made by this section shall apply to any civil action that is pending on, or is commenced on or after, the date of the enactment of this Act.