On Saturday, March 11 the House passed the Fairness in Class Litigation Act by a vote of 220-201. The stated purpose of the Act is to “(1) assure fair and prompt recoveries for class members and multidistrict litigation plaintiffs; (2) diminish abuses in class action and mass tort litigation; and (3) restore the intent of the framers…by ensuring Federal court consideration of interstate controversies of national importance consistent with diversity jurisdiction principles” (H.R.985, 2017).
The Bill amends the federal judicial code’s standards for the certification of class action. For example, the bill requires that proposed class members to show that they suffered the same type and degree of injury. The bill also limits the amount and timing of attorney’s fees in a class action. Attorney’s cannot be paid more than the class members, and they must be paid after the class members receive payment.
Andrew Grossman Partner at Baker & Hostetler LLP and Adjunct Scholar at the Cato Institute will join Professor Howard M. Erichson of Fordham to discuss the legislation as deliberations begin in the Senate Judiciary Committee.
- Professor Howard M. Erichson, Professor of Law, Fordham University School of Law
- Andrew Grossman, Partner, Baker & Hostetler LLP, Adjunct Scholar, the Cato Institute