[Congressional Record Volume 144, Number 152 (Thursday, November 12, 1998)]
[Extensions of Remarks]
[Page E2321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 IN OPPOSITION TO H.R. 3789, THE CLASS ACTION JURISDICTION ACT OF 1998

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                           HON. LOUIS STOKES

                                of ohio

                    in the house of representatives

                      Thursday, November 12, 1998

  Mr. STOKES. Mr. Speaker, I rise in strong opposition to H.R. 3789, 
the Class Action Jurisdiction Act of 1998. This legislation severely 
hinders the rights of individuals seeking relief in the form of a State 
class action claim.
  Under the current system, individuals with similar injuries but 
limited resources are able to seek compensation as a certified State 
class action. Beneficiaries of the current system include injured 
individuals that are seeking relief under State consumer protection 
laws. However, this measure seeks to remove certified class action 
claims from State to Federal court when any member of the plaintiff 
class is a citizen of a different State than the defendant.
  Further, it eliminates the minimal claim amount currently required 
for a class action claim to be removed to Federal court. These 
provisions will only increase the difficulty of plaintiffs seeking 
relief when individual and widespread harm has been inflicted.
  Whether the issue involves excessive amounts of judicial vacancies on 
the Federal bench, or the lack of judgeships within the system, the 
removal of State class action claims to the Federal court system will 
create an enormous caseload burden. Further, it is becoming more costly 
and time consuming for individuals seeking class action certification 
in Federal court under rule 23 of the Federal Rules of Civil Procedure. 
This combination is an affront to the basic rights of individuals 
seeking compensation in cases where the public's health and safety have 
been compromised.
  Without regard for individuals subjected to careless and reckless 
health and safety violations, this measure provides significant 
protections and benefits to corporate America. As the 105th Congress 
debates proposals regarding health care, and environmental and consumer 
protections, H.R. 3789 will usurp the rights of individuals to seek 
relief through class action claims in States which provide stronger 
protections than currently provided under Federal law.
  For example, enactment of this bill into law would provide a vehicle 
for removal of class action cases against the tobacco industry to 
Federal court. Such changes will create further difficulties for 
claimants seeking compensation under more stringent Federal laws, while 
protecting the willful and reckless practices of these companies.
  In addition, this bill would hinder class action claims against the 
gun manufacturing industry, since Federal courts are not likely to 
apply the forum State's laws with regard to the plaintiff's claims. 
Finally, this measure would further limit the already restricted 
abilities of ERISA-insured patients to seek the cost of benefits denied 
in a State court. Overall, this bill allows companies to engage in 
careless and damaging marketing, manufacturing, and service practices 
without regard for those who rely on their products.
  Mr. Speaker, this special interest legislation provides further 
protections to major corporations who seek to avoid being held 
responsible for their reckless actions. Further, it unilaterally 
rescinds a reasonable mechanism for State courts to resolve cases 
brought before them, only to further overburden our Federal court 
system.

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