Like Countable?

Install the App
TRY NOW

house Bill H.R. 985

Should All Plaintiffs in Class Action Lawsuits Have Suffered the Same Level of Injury?

Argument in favor

Class action lawsuits are often exploited. Courts need to improve how plaintiffs are vetted to ensure that they have actually been harmed. Class action suits should only come from people who have suffered the same.

operaman's Opinion
···
03/07/2017
You see an add on TV about a lawsuit about a product you purchased several years back to whiten your teeth. It didn't work well so you threw it away. Now a lawyer is telling you that people have gotten together and sued. Big money flashes on the screen, so you make the call. No, you didn't have a receipt. No, didn't keep the tube. Yes, you remember buying it. Great, the lawyer is sending out a packet of paperwork too fill out. The lawyer didn't tell you anything, just send the packet back and wait to hear back from them. Big money! Yes, big money for the law firm. Do vote yes to segregate out the "free money" grifter from the truly injured person. An honest lawyer would have told you that an individual who was not injured has no case. Hiding behind a class action makes you a small cog on a big wheel with standing. Small cog is small money.
Like (25)
Follow
Share
Laurie's Opinion
···
03/06/2017
I worked in a class action administration office for 3 years Most lawsuits are frivolous and the only people getting any real compensation are the attorneys on the case. Of the 60+ cases handled while I was there, maybe 6 were actual legitimate, price fixing, product injury, etc.... The rest were much too broad of a class so that the people that were actually harmed,maybe 10%, received little or no compensation, while people that received no harm at all were included.
Like (15)
Follow
Share
MJDalio's Opinion
···
03/06/2017
The legal system in this country has devolved into an of the lawyers, by the lawyers, for the lawyers system where the lawyers get paid regardless of the merits of the situation. This is a beginning to some common sense legislation.
Like (5)
Follow
Share

Argument opposed

The current system for class action lawsuits does a sufficient job of vetting and separating different types of injuries. This bill would make it harder for those who’ve been injured to join a class action lawsuit.

Leo's Opinion
···
03/06/2017
Requiring all victims to have the same injury is a transparent attempt to ban all class action suits. That's like requiring all murder counts to have been by the exact same weapon.
Like (353)
Follow
Share
Misscrf's Opinion
···
03/06/2017
This makes no sense. People can have the same complaint, with a different level of resulting injury. This reads like something a corporate lobbyist would write, to invalidate class action suits. This is not the kind of legislation a representative should be proposing or voting for. It is clearly not for the interest and protection of the people.
Like (245)
Follow
Share
ShePersisted's Opinion
···
03/08/2017
Dear Bob Goodlatte (R - VA), You are one sick bastard. I mean, H.R. 985 is a truly devious piece of legislation. So... what's in it for you? Yeah, you will get to sit back and watch millions of people lose their only chance at recourse as thousands of class action lawsuits whither on the vine with impossible-to-meet injury requirements for plaintiffs.... but what do YOU get out of it? Besides letting the whole world know you're a douchebag? I mean, I'm sure you aren't getting big donations from corporations that are always getting sued for, say, pollution, negligence, etc, right? To quote Michael "Class actions enable people to band together to hold businesses and institutions accountable when they violate individuals’ rights. Class actions help enforce civil rights, recover workers’ unpaid wages, challenge landlords when they charge tenants excessive fees, and recover money for cheated consumers. It can be very expensive for an individual to file a lawsuit on their own, so class actions often provide the only realistic way to enforce these important rights. H.R. 985 (misleadingly named the “Fairness in Class Action Litigation Act”) would all but eliminate class actions, creating a severely unbalanced court system in which individuals would have little chance of challenging big businesses' unlawful practices." Please vote NO on H.R.985.
Like (208)
Follow
Share

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
  • The house Passed March 9th, 2017
    Roll Call Vote 220 Yea / 201 Nay
      house Committees
      Constitution, Civil Rights, and Civil Liberties
      Committee on the Judiciary
    IntroducedFebruary 9th, 2017

Log in or create an account to see how your Reps voted!

What is House Bill H.R. 985?

This bill would reform the framework of class action lawsuits by requiring that classes consist of members with the same type and extent of injury. Potential members of a class action suit would be required to demonstrate that they’ve experienced the same type and intensity an injury as named representatives of the class.

People who are injured to a non-comparable extent or are uninjured could still join class action lawsuits, but must do separately from those who have experienced more extensive injury. Courts would be required to certify that each class in a class action lawsuit meets the type and scope of this legislation’s injury requirements following rigorous analysis.

Impact

Plaintiffs in a class action lawsuit, the people and organizations brought to court by class action suits, related federal agencies and the court system.

Cost of House Bill H.R. 985

The CBO estimated that additional costs imposed by a previous version of this legislation would be insignificant.

More Information

In-Depth: Sponsoring Rep. Bob Goodlatte (R-VA) called this a “simple, one-page bill, that furthers a common sense principle that should apply to class action lawsuits in the future.” Goodlatte added in a press release when he introduced it during the last Congress that:

“Today, the class action litigation system has morphed into an expensive enterprise where lawyers are often the only winners, and American businesses and consumers are the losers. Frivolous class action lawsuits are costing parties millions of dollars, and trial lawyers often profit at the expense of deserving victims... When baseless claims come into our courtrooms, the real losers are hardworking Americans. Today’s action addresses the abuses within our class action litigation system, and keeps baseless class action suits away from innocent parties, while still keeping the doors to justice open for parties with real and legitimate claims.

This legislation has received criticism for making it more difficult for plaintiffs who’ve been injured to join a class action lawsuit. A column in the Los Angeles Times called the bill “Orwellian” and included a lawyer’s quote that “If your injury is different by just $1, it would preclude joining a class action.”

The House Judiciary Committee approved this bill by a vote of 19 to 12. During the last Congress, the House passed this legislation on a 211-188 vote, but it stalled in the Senate.


Media:

Summary by Eric Revell
(Photo Credit: Blogspot user Manukhan)

AKA

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017

Official Title

To amend the procedures used in Federal court class actions and multidistrict litigation proceedings to assure fairer, more efficient outcomes for claimants and defendants, and for other purposes.

    You see an add on TV about a lawsuit about a product you purchased several years back to whiten your teeth. It didn't work well so you threw it away. Now a lawyer is telling you that people have gotten together and sued. Big money flashes on the screen, so you make the call. No, you didn't have a receipt. No, didn't keep the tube. Yes, you remember buying it. Great, the lawyer is sending out a packet of paperwork too fill out. The lawyer didn't tell you anything, just send the packet back and wait to hear back from them. Big money! Yes, big money for the law firm. Do vote yes to segregate out the "free money" grifter from the truly injured person. An honest lawyer would have told you that an individual who was not injured has no case. Hiding behind a class action makes you a small cog on a big wheel with standing. Small cog is small money.
    Like (25)
    Follow
    Share
    Requiring all victims to have the same injury is a transparent attempt to ban all class action suits. That's like requiring all murder counts to have been by the exact same weapon.
    Like (353)
    Follow
    Share
    This makes no sense. People can have the same complaint, with a different level of resulting injury. This reads like something a corporate lobbyist would write, to invalidate class action suits. This is not the kind of legislation a representative should be proposing or voting for. It is clearly not for the interest and protection of the people.
    Like (245)
    Follow
    Share
    Dear Bob Goodlatte (R - VA), You are one sick bastard. I mean, H.R. 985 is a truly devious piece of legislation. So... what's in it for you? Yeah, you will get to sit back and watch millions of people lose their only chance at recourse as thousands of class action lawsuits whither on the vine with impossible-to-meet injury requirements for plaintiffs.... but what do YOU get out of it? Besides letting the whole world know you're a douchebag? I mean, I'm sure you aren't getting big donations from corporations that are always getting sued for, say, pollution, negligence, etc, right? To quote Michael "Class actions enable people to band together to hold businesses and institutions accountable when they violate individuals’ rights. Class actions help enforce civil rights, recover workers’ unpaid wages, challenge landlords when they charge tenants excessive fees, and recover money for cheated consumers. It can be very expensive for an individual to file a lawsuit on their own, so class actions often provide the only realistic way to enforce these important rights. H.R. 985 (misleadingly named the “Fairness in Class Action Litigation Act”) would all but eliminate class actions, creating a severely unbalanced court system in which individuals would have little chance of challenging big businesses' unlawful practices." Please vote NO on H.R.985.
    Like (208)
    Follow
    Share
    This is one of countless recent attempts to undermine labor rights. This isn't for the betterment of the economy or any other bullshit that it's legislators will tell you, it's to pander towards the lobbyists that linger around the capitol all year.
    Like (77)
    Follow
    Share
    This is clearly just an attempt to make class action lawsuits more difficult. When damages are small, class action lawsuits are the only viable way to curb illegal behavior. This bill will probably just give corporations more power, which is probably the intent.
    Like (45)
    Follow
    Share
    It shouldn't matter how badly you were hurt, if you were hurt, taken advantage of, or injured, you have a right to seek justice.
    Like (36)
    Follow
    Share
    With every vote you cast you are determined to make us find a representative that will represent "we the people ". You clearly don't care about your constituents! Why don't you come home and face us so we can tell you how we want you to vote?
    Like (30)
    Follow
    Share
    Set a cap on attorney compensation rather than on the plaintiffs.
    Like (26)
    Follow
    Share
    You obviously don't care anything about your constituents opinions. We'll take care of your bought and paid for influences come time for your next election.
    Like (23)
    Follow
    Share
    So say one person breaks their arm due to lax safety regulations, but another person gets decapitated. This would ensure that only the families of people who were decapitated should be able to participate in a class action. No.
    Like (18)
    Follow
    Share
    No two people suffer identically. A weak attempt for companies to divide and defeat.
    Like (16)
    Follow
    Share
    I worked in a class action administration office for 3 years Most lawsuits are frivolous and the only people getting any real compensation are the attorneys on the case. Of the 60+ cases handled while I was there, maybe 6 were actual legitimate, price fixing, product injury, etc.... The rest were much too broad of a class so that the people that were actually harmed,maybe 10%, received little or no compensation, while people that received no harm at all were included.
    Like (15)
    Follow
    Share
    Proving equivalent levels of injury is not possible. What this bill would do is effectively put an end to class-action lawsuits. This would severely curtail the ability of individuals who have suffered harm from seeing a case through, especially in cases where the defendant has very deep pockets and the ability to drag things out.
    Like (14)
    Follow
    Share
    H.R. 985 is a truly devious piece of legislation. Millions of people will lose their only chance at recourse as thousands of class action lawsuits whither on the vine with impossible-to-meet injury requirements . "Class actions enable people to band together to hold businesses and institutions accountable when they violate individuals’ rights. Class actions help enforce civil rights, recover workers’ unpaid wages, challenge landlords when they charge tenants excessive fees, and recover money for cheated consumers. It can be very expensive for an individual to file a lawsuit on their own, so class actions often provide the only realistic way to enforce these important rights." H.R. 985 (misleadingly named the “Fairness in Class Action Litigation Act”) would all but eliminate class actions, creating a severely unbalanced court system in which individuals would have little chance of challenging big businesses' unlawful practices." Please vote NO on H.R.985.
    Like (11)
    Follow
    Share
    Requiring all members in a class action lawsuit to have suffered the same type and level of injury would make it almost impossible to file class action lawsuits. Levels of injury would never be identical. Defendants would always argue the type and level of injury are just not similar enough to qualify.
    Like (10)
    Follow
    Share
    This is criminal what this administration is doing! Nothing is being voted on to protect Americans just business.
    Like (10)
    Follow
    Share
    What the hell is wrong with the Republican party?!?!
    Like (10)
    Follow
    Share
    Perhaps we could limit lawyer compensation to the average plaintiff compensation? That sounds more like mass tort reform to me.
    Like (9)
    Follow
    Share
    Because my neighbors injury was not as severe as mine does not negate the fact that they were indeed harmed. I'm highly suspect of who is actually behind this bill.
    Like (8)
    Follow
    Share
    MORE