S.Amdt. 7Senate109th Congress (2005-2007)

S.Amdt. 7

What it does: Rewrites page 14, line 12
Submitted February 9, 2005

What it changes

1 change to S. 5

Replaces text

We couldn't read part of this amendment. That part is shown as written below.

  1. Rewrites page 14, line 12

    ReplacesPrinted page

    Removes page 14, line 12 of the printed bill. See that page

    Inserted: Sec. 1716. Opt-in class

    Inserted: (a) In General.--Notwithstanding any other provision of law, upon the motion of a party in a class action under this chapter, a court may refuse to certify a class under rule 23 of the Federal Rules of Civil Procedure unless each member of the class has affirmatively requested to be included in the class.

    Inserted: (b) Notice.--If the court imposes the requirement described in subsection (a), the court shall direct the best notice practicable to all eligible class members regarding the effect of the class action suit on their rights to seek redress in another manner if they do not affirmatively request to be included in the class.

    Original wording

    On page 14, strike line 12 and insert the following:

Shown as written

eral or State officials.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 7. Mr. CORNYN submitted an amendment intended to be proposed by him 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; which was ordered to lie on the table; as follows:

On page 14, strike line 12 and insert the following: eral or State officials.

“Sec. 1716. Opt-in class

“(a) In General.--Notwithstanding any other provision of law, upon the motion of a party in a class action under this chapter, a court may refuse to certify a class under rule 23 of the Federal Rules of Civil Procedure unless each member of the class has affirmatively requested to be included in the class.

“(b) Notice.--If the court imposes the requirement described in subsection (a), the court shall direct the best notice practicable to all eligible class members regarding the effect of the class action suit on their rights to seek redress in another manner if they do not affirmatively request to be included in the class.”.

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Senate amendment submitted

February 9, 2005