Vote Smart's Synopsis:

A vote to pass a bill that requires proof that all members of a class-action lawsuit are injured to the same extent.

Highlights:

• Prohibits the federal court from granting certification of a class action seeking monetary relief for personal injury or economic loss unless the party seeking the class action proves that each class member suffered the same type and scope of injury as the named class representatives (Sec 1).

• Prohibits the federal court from granting certification of a class action unless the class is defined with objective criteria (Sec. 1).

• Requires the class to provide a reliable and feasible way for the court to (Sec. 1):
• Determine whether the class members fall within the class definition; and
• Distribute any monetary relief to the majority of the class members.

• Prohibits the federal court from granting certification of a class action if the representative or named plaintiff is a relative to or employee of the class counsel (Sec. 1).

• Specifies that attorneys’ fees (Sec. 1):
• Will not be paid until any monetary recovery is distributed to class members;
• Will be limited to a reasonable percentage of payments distributed to class members; and
• Will not exceed the total amount distributed to or received by class members.

• Requires the court to order the counsel to submit to the Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts an accounting of disbursement of the funds paid by the defendant, which includes, but is not limited to (Sec. 1):
• The total amount paid to all class members;
• The actual or estimated total number of class members;
• The average amount paid directly to class members; and
• The largest and smallest amounts paid.

Full Bill Text

Full Bill Text