I 111th CONGRESS 2d Session H. R. 5895 IN THE HOUSE OF REPRESENTATIVES July 28, 2010 Ms. Waters (for herself, Mr. Conyers, and Mr. Jackson of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To limit the effect of legal releases in certain civil actions, and for other purposes.

1.

Short title

This Act may be cited as the Gulf Coast Oil Spill Legal Liabilities and Claims Act of 2010.

2.

Limitations on effect of legal releases in certain civil actions

No settlement, legal release, or other agreement shall extinguish or limit liability in a civil action for significant harm arising from a discharge into waters off the shore of the United States of a substance that contaminates a marine or coastal environment or endangers public health, if such settlement, legal release, or agreement is entered into under coercion or duress or is entered into in exchange for any benefit other than a settlement of claims pending.

3.

Amendment to Class Action Fairness Act

Title 28, United States Code, is amended— (1)in section 1711(2), by inserting , but does not include an action brought by a State or subdivision of a State on behalf of its citizens before the period; (2)in section 1332(d)(1)(B), by inserting , but does not include an action brought by a State or subdivision of a State on behalf of its citizens before the semicolon; and (3)in section 1332(d)(11)(B)(ii)— (A)by striking or at the end of subclause (III); (B)by striking the period at the end of subclause (IV) and inserting ; or; and (C)by adding at the end the following: (V)the claims are made by a State or subdivision of a State on behalf of its citizens. .