February 15, 2016 Practice Points

H.R. 1927 Passes House and Heads to Senate

The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 makes it through

by Ben V. Seessel

On January 8, 2016, the U.S. House of Representatives passed, by a vote of 211–188 along party lines, H.R. 1927—the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016. The bill would amend U.S. Code, title 28, to preclude federal courts from certifying “any proposed class seeking monetary relief for personal injury or economic loss unless the party seeking to maintain such a class action affirmatively demonstrates that each proposed class member suffered the same type and scope of injury as the named class representative or representatives.” It would also require that class certification orders “include a determination, based on a rigorous analysis of the evidence presented” that such a demonstration had been made.

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