To clarify the application of State law in certain class actions, and for other purposes.

SA 4. Mrs. FEINSTEIN (for herself and Mr. Bingaman) submitted an
amendment intended to be proposed by her to the bill S. 5, to amend the
procedures that apply to consideration of interstate class actions to
assure fairer outcomes for class members and defendants, and for other
purposes; as follows:

On page 24, before line 22, insert the following:
(c) Choice of State Law in Interstate Class Actions.--
Notwithstanding any other choice of law rule, in any class
action, over which the district courts have jurisdiction,
asserting claims arising under State law concerning products
or services marketed, sold, or provided in more than 1 State
on behalf of a proposed class, which includes citizens of
more than 1 such State, as to each such claim and any defense
to such claim--
(1) the district court shall not deny class certification,
in whole or in part, on the ground that the law of more than
1 State will be applied;
(2) the district court shall require each party to submit
their recommendations for subclassifications among the
plaintiff class based on substantially similar State law; and
(3) the district court shall--
(A) issue subclassifications, as determined necessary, to
permit the action to proceed; or
(B) if the district court determines such
subclassifications are an impracticable method of managing
the action, the district court shall attempt to ensure that
plaintiffs' State laws are applied to the extent practical.
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