Section 1 Short title
This Act may be cited as the “Federal Courts Access Act of 2018”.
Federal Courts Access Act of 2018
A BILL
To amend title 28, United States Code, to modify the amount in controversy requirement and remove the complete diversity requirement.
Sec. 2 Purposes
The purposes of this Act are to—
assure fairer and more efficient civil litigation and prompt recoveries for claimants and defendants;
enhance the integrity of the legal system of the United States by diminishing abuses in the civil litigation system; and
restore the intent of the framers of the Constitution of the United States by ensuring Federal court consideration of major controversies, consistent with diversity jurisdiction principles.
Sec. 3 Diversity of citizenship; amount in controversy
in subsection (a)—
in the matter preceding paragraph (1), by striking “$75,000” and inserting “$125,000”; and
in paragraph (1), by inserting “not less than 1 plaintiff and 1 defendant who are” before “citizens of different States”;
in subsection (b), by striking “$75,000” and inserting “$125,000”; and
in subsection (d)—
in paragraph (2), by striking “$5,000,000” and inserting “$125,000”;
by striking paragraphs (3) and (4);
by redesignating paragraphs (5) through (10) as paragraphs (3) through (8), respectively;
in paragraph (3), as so redesignated, by striking “Paragraphs (2) through (4)” and inserting “Paragraph (2)”;
in paragraph (4), as so redesignated, by striking “$5,000,000” and inserting “$125,000”;
in paragraph (5), as so redesignated, by striking “(2) through (6)” and inserting “(2) through (4)”;
in paragraph (7)(A), as so redesignated—
by inserting “section” after “defined under”; and
by striking “(15 U.S.C. 78p(f)(3))” and inserting “(15 U.S.C. 77p(f)(3))”; and
by striking paragraph (11).
Removal of civil actions—
In general— Section 1441(b)(2) of title 28, United States Code, is amended—
by striking “if any” and inserting “if all”; and
by striking “is a citizen” and inserting “are citizens”.
in subsection (c)—
by striking “(1) A case” and all that follows through “(2) If” and inserting “(1) If”;
by redesignating paragraph (3) as paragraph (2); and
in paragraph (2), as so redesignated—
by striking “(A) If” and inserting “If”; and
by striking subparagraph (B); and
by redesignating subsection (g) as subsection (f).
Removal of class actions— Section 1453 of title 28, United States Code, is amended by striking subsection (b) and inserting the following:
“(b) Removal generally—A class action may be removed to a district court of the United States in accordance with section 1446, except that such action may be removed by any defendant without the consent of all defendants.”