Amendment, as modified, sought to require Federal courts which refuse to certify a class action under Rule 23 of the Federal Rules of Civil Procedure to remand all aspects of the action to the State court from which it was removed.

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Amendment Number
441
Description
Amendment, as modified, sought to require Federal courts which refuse to certify a class action under Rule 23 of the Federal Rules of Civil Procedure to remand all aspects of the action to the State court from which it was removed.
Purpose
An amendment that provides that aspects of class actions filed in state court that could not be maintained under F.R.Civ.P.23 in Federal court will still be heard by a state court rather than either dismissed or removed and remanded. Such an action refused to be heard by the Federal court could only be removed again to federal court if it met the diversity standards of 28 U.S.C. Section 1332(a).
Congress
107
Type
HAMDT
Latest Action Date
Mar 13, 2002
Latest Action Text
On agreeing to the Frank amendment (A007) as modified Failed by recorded vote: 191 - 234 (Roll no. 60).
Latest Action Time
17:27:19
Submitted Date
Mar 13, 2002
Chamber
House of Representatives
Update Date
Aug 15, 2021
Amendment 441 — Informed