US HB725 | 2017-2018 | 115th Congress

Status

Spectrum: Partisan Bill (Republican 6-0)
Status: Engrossed on March 13 2017 - 50% progression, died in committee
Action: 2017-03-13 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Summary

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.

Tracking Information

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Title

Innocent Party Protection Act

Sponsors


Roll Calls

2017-03-09 - House - On agreeing to the Soto amendment (A001) H.Amdt.66 RC# 149 (Y: 189 N: 233 NV: 7 Abs: 0) [FAIL]
2017-03-09 - House - On agreeing to the Cartwright amendment (A002) H.Amdt.67 RC# 150 (Y: 187 N: 229 NV: 13 Abs: 0) [FAIL]
2017-03-09 - House - On motion to recommit with instructions RC# 151 (Y: 187 N: 233 NV: 9 Abs: 0) [FAIL]
2017-03-09 - House - On passage RC# 152 (Y: 224 N: 194 NV: 11 Abs: 0) [PASS]

History

DateChamberAction
2017-03-13SenateReceived in the Senate and Read twice and referred to the Committee on the Judiciary.
2017-03-09HouseMotion to reconsider laid on the table Agreed to without objection.
2017-03-09HouseOn passage Passed by recorded vote: 224 - 194 (Roll no. 152).
2017-03-09HouseOn motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
2017-03-09HouseThe previous question on the motion to recommit with instructions was ordered without objection.
2017-03-09HouseFloor 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.
2017-03-09HouseMs. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
2017-03-09HouseThe previous question was ordered pursuant to the rule.
2017-03-09HouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
2017-03-09HouseH.Amdt.67 On agreeing to the Cartwright amendment (A002) Failed by recorded vote: 187 - 229 (Roll no. 150).
2017-03-09HouseH.Amdt.66 On agreeing to the Soto amendment (A001) Failed by recorded vote: 189 - 233 (Roll no. 149).
2017-03-09HouseUNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.
2017-03-09HouseThe House resolved into Committee of the Whole House on the state of the Union for further consideration.
2017-03-09HouseConsidered as unfinished business. (consideration: CR H2000-2004)
2017-03-09HouseCommittee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.
2017-03-09HouseOn motion that the committee rise Agreed to by voice vote.
2017-03-09HouseMr. Farenthold moved that the committee rise.
2017-03-09HousePOSTPONED 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.
2017-03-09HouseDEBATE - 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.
2017-03-09HouseH.Amdt.67 Amendment (A002) offered by Mr. Cartwright. (consideration: CR H1973-1974; H2001-2004)
2017-03-09HousePOSTPONED 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.
2017-03-09HouseDEBATE - 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.
2017-03-09HouseH.Amdt.66 Amendment (A001) offered by Mr. Soto. (consideration: CR H1972-1973; H2000-2001)
2017-03-09HouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.
2017-03-09HouseThe Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
2017-03-09HouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.
2017-03-09HousePrevious 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
2017-03-09HouseConsidered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)
2017-03-08HouseRule H. Res. 175 passed House.
2017-03-07HouseRules 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
2017-02-24HousePlaced on the Union Calendar, Calendar No. 5.
2017-02-24HouseReported by the Committee on Judiciary. H. Rept. 115-17.
2017-01-31HouseReferred to the Subcommittee on the Constitution and Civil Justice.
2017-01-30HouseReferred to the House Committee on the Judiciary.
2017-01-30HouseIntroduced in House

Same As/Similar To

HR175 (Related) 2017-03-08 - Motion to reconsider laid on the table Agreed to without objection.

Subjects


US Congress State Sources


Bill Comments

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