3.0.0 725 2023-01-11T13:34:15Z 2023-01-11T13:34:15Z House HR 2017-01-30 115 [Congressional Record Volume 163, Number 15 (Monday, January 30, 2017)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. BUCK:H.R. 725.Congress has the power to enact this legislation pursuantto the following:The Constitutional Authority on which this legislation isbased is found in Article I, Section 8, Clause 9; ArticleIII, Section 1, Clause 1, and Article III, Section 2, Clause2 of the Constitution, which grants Congress authority overthe federal courts.[Page H745]]]> ssju00 Judiciary Committee Senate Standing Referred to 2017-03-13T18:57:28Z hsju00 Judiciary Committee House Standing hsju10 Constitution and Limited Government Subcommittee Referred to 2017-01-31T20:04:01Z Reported by 2017-02-24T14:59:33Z Referred to 2017-01-30T17:04:25Z H. Rept. 115-17 Providing for consideration of the bill (H.R. 725) to amend title 28, United States Code, to prevent fraudulent joinder. 115 175 HRES 2017-03-08 Motion to reconsider laid on the table Agreed to without objection. 14:45:40 Procedurally-related House 2017-03-13 ssju00 Judiciary Committee Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary. IntroReferral 2017-03-09 19:20:45 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2017-03-09 19:20:44 On passage Passed by recorded vote: 224 - 194 (Roll no. 152). Floor H37100 2 House floor actions 152 https://clerk.house.gov/evs/2017/roll152.xml House 115 2017-03-10T00:20:44Z 1 2017-03-09 19:20:44 Passed/agreed to in House: On passage Passed by recorded vote: 224 - 194 (Roll no. 152). Floor 8000 9 Library of Congress 152 https://clerk.house.gov/evs/2017/roll152.xml House 115 2017-03-10T00:20:44Z 1 2017-03-09 19:14:50 On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151). Floor H36110 2 House floor actions hsju00 Judiciary Committee 151 https://clerk.house.gov/evs/2017/roll151.xml House 115 2017-03-10T00:14:50Z 1 2017-03-09 19:09:04 The previous question on the motion to recommit with instructions was ordered without objection. Floor H8A000 2 House floor actions 2017-03-09 19:06:47 Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government. Floor H8D000 2 House floor actions 2017-03-09 19:04:28 Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002) Floor H36100 2 House floor actions hsju00 Judiciary Committee 2017-03-09 19:03:44 The previous question was ordered pursuant to the rule. Floor H35000 2 House floor actions 2017-03-09 19:03:24 The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725. Floor H32600 2 House floor actions 2017-03-09 18:54:48 UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed. Floor H8D000 2 House floor actions 2017-03-09 18:54:47 The House resolved into Committee of the Whole House on the state of the Union for further consideration. Floor H32050 2 House floor actions 2017-03-09 18:54:30 Considered as unfinished business. (consideration: CR H2000-2004) Floor H30000 2 House floor actions 2017-03-09 15:47:47 Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business. Floor H32700 2 House floor actions 2017-03-09 15:47:36 On motion that the committee rise Agreed to by voice vote. Floor H32341 2 House floor actions 2017-03-09 15:47:22 Mr. Farenthold moved that the committee rise. Floor H32340 2 House floor actions 2017-03-09 15:47:04 POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. Floor H8D000 2 House floor actions 2017-03-09 15:38:20 DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2. Floor H8D000 2 House floor actions 2017-03-09 15:37:24 POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced. Floor H8D000 2 House floor actions 2017-03-09 15:29:02 DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1. Floor H8D000 2 House floor actions 2017-03-09 14:55:52 GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725. Floor H8D000 2 House floor actions 2017-03-09 14:55:12 The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee. Floor H32400 2 House floor actions 2017-03-09 14:55:11 House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII. Floor H32020 2 House floor actions 2017-03-09 14:55:05 Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725 Floor H8D000 2 House floor actions 2017-03-09 14:55:00 Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972) Floor H30000 2 House floor actions 2017-03-08 14:45:39 Rule H. Res. 175 passed House. Floor H1L220 2 House floor actions 2017-03-07 19:24:12 Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725 Floor H1L210 2 House floor actions 2017-02-24 Placed on the Union Calendar, Calendar No. 5. Calendars H12410 2 House floor actions U00005 2017-02-24 Reported by the Committee on Judiciary. H. Rept. 115-17. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2017-02-24 Reported by the Committee on Judiciary. H. Rept. 115-17. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2017-01-31 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution and Civil Justice. Committee 2017-01-30 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2017-01-30 Introduced in House IntroReferral Intro-H 9 Library of Congress 2017-01-30 Introduced in House IntroReferral 1000 9 Library of Congress B001297 Rep. Buck, Ken [R-CO-4] Ken Buck R CO 4 N G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2017-01-30 True F000448 Rep. Franks, Trent [R-AZ-8] Trent Franks R AZ 8 2017-01-30 True F000460 Rep. Farenthold, Blake [R-TX-27] Blake Farenthold R TX 27 2017-01-30 True S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 2017-01-30 True S000250 Rep. Sessions, Pete [R-TX-32] PETE SESSIONS R TX 32 2017-02-14 False 2017-02-10T20:56:30Z H.R. 725, Innocent Party Protection Act https://www.cbo.gov/publication/52420 As ordered reported by the House Committee on the Judiciary on February 2, 2017 Law Civil actions and liability Evidence and witnesses Federal district courts Fraud offenses and financial crimes Judicial procedure and administration State and local courts Law 00 2017-01-30 Introduced in House 2017-02-22T19:15:55Z Innocent Party Protection Act

This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought.

Joinder of such a defendant is fraudulent if the court finds:

  • actual fraud in the pleading of jurisdictional facts with respect to that defendant,
  • state law would not plausibly impose liability on that defendant,
  • state or federal law bars all claims in the complaint against that defendant, or
  • no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.

In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties.

A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.

]]> 79 2017-02-24 Reported to House without amendment 2017-03-15T21:29:25Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Innocent Party Protection Act

(Sec. 2) This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought.

Joinder of such a defendant is fraudulent if the court finds:

  • actual fraud in the pleading of jurisdictional facts with respect to that defendant,
  • state law would not plausibly impose liability on that defendant,
  • state or federal law bars all claims in the complaint against that defendant, or
  • no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.

In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties.

A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.

]]> 81 2017-03-09 Passed House without amendment 2017-03-15T21:31:48Z (This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

Innocent Party Protection Act

(Sec. 2) This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought.

Joinder of such a defendant is fraudulent if the court finds:

  • actual fraud in the pleading of jurisdictional facts with respect to that defendant,
  • state law would not plausibly impose liability on that defendant,
  • state or federal law bars all claims in the complaint against that defendant, or
  • no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.

In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties.

A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.

]]> Innocent Party Protection Act Display Title Innocent Party Protection Act Official Title as Introduced To amend title 28, United States Code, to prevent fraudulent joinder. Introduced in House IH Short Titles as Introduced Innocent Party Protection Act Short Titles as Reported to House Innocent Party Protection Act H House Short Titles as Passed House Innocent Party Protection Act H House 67 115 HAMDT An amendment numbered 2 printed in House Report 115-27 to create a separate exception for plaintiffs seeking compensation resulting from the bad faith of an insurer. An amendment numbered 2 printed in House Report 115-27 to create a separate exception for plaintiffs seeking compensation resulting from the bad faith of an insurer. 2020-12-15T16:29:57Z 2017-03-09 On agreeing to the Cartwright amendment (A002) Failed by recorded vote: 187 - 229 (Roll no. 150). 19:03:01 Roll no. 150 https://clerk.house.gov/evs/2017/roll150.xml C001090 Rep. Cartwright, Matt [D-PA-17] Matt Cartwright D PA 17 2017-03-09T05:00:00Z House of Representatives 115 HR House H 725 Innocent Party Protection Act 2023-01-11T13:34:15Z House Report 115-27 https://www.congress.gov/congressional-report/115th-congress/house-report/27 8 2017-03-09 19:03:01 On agreeing to the Cartwright amendment (A002) Failed by recorded vote: 187 - 229 (Roll no. 150). Floor H32111 2 House floor actions 150 House 115 2017-03-10T00:03:01Z 1 https://clerk.house.gov/evs/2017/roll150.xml 2017-03-09 15:37:56 Amendment (A002) offered by Mr. Cartwright. (consideration: CR H1973-1974; H2001-2004) Floor H3A100 2 House floor actions 2017-03-09 19:03:01 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 150 House 115 2017-03-10T00:03:01Z 1 https://clerk.house.gov/evs/2017/roll150.xml 2017-03-09 19:03:01 Roll call votes on amendments in House Floor 75000 9 Library of Congress 150 House 115 2017-03-10T00:03:01Z 1 https://clerk.house.gov/evs/2017/roll150.xml 2017-03-09 19:03:01 House amendment not agreed to: On agreeing to the Cartwright amendment (A002) Failed by recorded vote: 187 - 229 (Roll no. 150). Floor 73000 9 Library of Congress 150 House 115 2017-03-10T00:03:01Z 1 https://clerk.house.gov/evs/2017/roll150.xml 2017-03-09 15:37:56 House amendment offered/reported by : Amendment (A002) offered by Mr. Cartwright.(consideration: CR H1973-1974; H2001-2004) NotUsed 71500 9 Library of Congress 2017-03-09 House amendment offered Floor 71000 9 Library of Congress 66 115 HAMDT An amendment numbered 1 printed in House Report 115-27 to create an exception for instances of public health risks, including byproducts of hydraulic fracturing, well stimulation, or any water contamination. Amendment sought to create an exception for instances of public health risks, including byproducts of hydraulic fracturing, well stimulation, or any water contamination. 2020-12-15T16:29:57Z 2017-03-09 On agreeing to the Soto amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 149). 19:00:09 Roll no. 149 https://clerk.house.gov/evs/2017/roll149.xml S001200 Rep. Soto, Darren [D-FL-9] Darren Soto D FL 9 2017-03-09T05:00:00Z House of Representatives 115 HR House H 725 Innocent Party Protection Act 2023-01-11T13:34:15Z 8 2017-03-09 19:00:09 On agreeing to the Soto amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 149). Floor H32111 2 House floor actions 149 House 115 2017-03-10T00:00:09Z 1 https://clerk.house.gov/evs/2017/roll149.xml 2017-03-09 15:28:45 Amendment (A001) offered by Mr. Soto. (consideration: CR H1972-1973; H2000-2001) Floor H3A100 2 House floor actions 2017-03-09 15:28:45 House amendment offered/reported by : Amendment (A001) offered by Mr. Soto.(consideration: CR H1972-1973; H2000-2001) NotUsed 71500 9 Library of Congress 2017-03-09 19:00:09 Amendment failed in Committee of the Whole NotUsed 77000 9 Library of Congress 149 House 115 2017-03-10T00:00:09Z 1 https://clerk.house.gov/evs/2017/roll149.xml 2017-03-09 19:00:09 Roll call votes on amendments in House Floor 75000 9 Library of Congress 149 House 115 2017-03-10T00:00:09Z 1 https://clerk.house.gov/evs/2017/roll149.xml 2017-03-09 19:00:09 House amendment not agreed to: On agreeing to the Soto amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 149). Floor 73000 9 Library of Congress 149 House 115 2017-03-10T00:00:09Z 1 https://clerk.house.gov/evs/2017/roll149.xml 2017-03-09 House amendment offered Floor 71000 9 Library of Congress Referred in Senate 2017-03-13T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr725rfs/xml/BILLS-115hr725rfs.xml Engrossed in House 2017-03-09T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr725eh/xml/BILLS-115hr725eh.xml Reported in House 2017-02-24T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr725rh/xml/BILLS-115hr725rh.xml Introduced in House 2017-01-30T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr725ih/xml/BILLS-115hr725ih.xml 2017-03-13 Received in the Senate and Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 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