S.Amdt. 9

SA 9. 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 26, strike line 21, and insert the following:

SEC. 9. RIGHT OF INTERLOCUTORY APPEAL.

(a) In General.--Section 1292(a) is amended by adding at the end the following:

“(4) Orders of the district courts of the United States granting or denying class certification under rule 23 of the Federal Rules of Civil Procedure, if notice of appeal is filed within 10 days after entry of the order. An appeal under this paragraph shall stay all discovery and other proceedings in the district court unless the court finds, upon the motion of any party, that specific discovery is necessary to preserve evidence or to prevent undue prejudice to that party.”.

(b) Conforming Amendment.--Rule 23(f) of the Federal Rules of Civil Procedure is amended by striking “An appeal” and inserting “Except as provided under section 1292(a)(4) of title 28, United States Code, an appeal”.

SEC. 10. EFFECTIVE DATE.