An amendment numbered 1 printed in House Report 109-249 to make technical changes to the section of the bill that sets out the types of information a plaintiff must provide to a judge to allow the court to determine whether the lawsuit should proceed or be dismissed; clarify that the pleading provision in H.R. 554 is meant to apply to all cases seeking obesity- related damages; add the phrase `for each defendant and cause of action' to clarify that a judge must apply H.R. 554's pleading requirements to each specific claim which prevents a plaintiff from improperly using a claim that is not barred by H.R. 554 as a means of pursuing obesity-related claims that are barred by H.R. 554 against the same or other defendants.
What it does: 6 changes: strikes text in 2 places, inserts text in 2 places, replaces text in 2 placesDescription
Amendment makes technical changes to the section of the bill that sets out the types of information a plaintiff must provide to a judge to allow the court to determine whether the lawsuit should proceed or be dismissed.
What it changes
6 changes to H.R. 554 · 1 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes “(B)”
Struck: (B)
Original wording
Page 4, line 8, strike “(B)”.
Change 2: Strikes “(B)”
Struck: (B)
Original wording
Page 5, line 9, strike “(B)”.
Change 3: Inserts “for each defendant and cause of action” on page 5, line 12
InsertsPrinted pageInserted: for each defendant and cause of action
Original wording
Page 5, line 12, insert “for each defendant and cause of action” before
Change 4: Inserts “and the specific facts alleged to satisfy each element of the cause of action” before the semicolon
Inserted: and the specific facts alleged to satisfy each element of the cause of action
Original wording
Page 5, line 13, insert “and the specific facts alleged to satisfy each element of the cause of action” before the semicolon.
Change 5: Replaces “were allegedly violated;” with “allegedly create the cause of action; and”
In H.R. 554 · Reported in House
(1) each element of the cause of action;
(2) the Federal and State statutes or other laws that
[struck: were ]allegedly[struck: violated;][inserted: create the cause of action; and](3) the specific facts alleged to constitute the claimed violation of law; and
Original wording
Page 5, line 15, strike “were allegedly violated;” and insert “allegedly create the cause of action; and”.
Change 6: Replaces “the specific facts” through line 19 with “the section 4(5)(B) exception being relied upon and the specific facts that allegedly sat…”
[struck: the specific facts …][inserted: the section 4(5)(B) exception being relied upon and the specific facts that allegedly satisfy the requirements of that exception.]Original wording
Page 5, line 16, strike “the specific facts” and all that follows through the end of line 19 and insert “the section 4(5)(B) exception being relied upon and the specific facts that allegedly satisfy the requirements of that exception.”.
Shown as written
the dash.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 4, line 8, strike “(B)”.
Page 5, line 9, strike “(B)”.
Page 5, line 12, insert “for each defendant and cause of action” before the dash.
Page 5, line 13, insert “and the specific facts alleged to satisfy each element of the cause of action” before the semicolon.
Page 5, line 15, strike “were allegedly violated;” and insert “allegedly create the cause of action; and”.
Page 5, line 16, strike “the specific facts” and all that follows through the end of line 19 and insert “the section 4(5)(B) exception being relied upon and the specific facts that allegedly satisfy the requirements of that exception.”.
Legislative Activity
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House amendment offered
October 19, 2005
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House amendment offered
October 19, 2005
House amendment agreed to: On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
October 19, 2005 • 11:18 AM
Amendment agreed to Committee of the Whole
October 19, 2005 • 11:18 AM
House amendment offered/reported by : Amendment (A001) offered by Mr. Sensenbrenner.(consideration: CR H8931; text: CR H8931)
October 19, 2005 • 11:13 AM
Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H8931; text: CR H8931)
October 19, 2005 • 11:13 AM
On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
October 19, 2005 • 11:18 AM