Amendment makes technical changes to the bill and strikes references to multiple defendants and replaces them with references to single defendants to clarify that even if one in-state defendant has a legitmate connection to a case, the case can remain in State court.

1. 1

   Change 1: Replaces “the defendant or defendants” with “a defendant”

   ReplacesPage 4, line 1Printed page

   [struck: the defendant or defendants][inserted: a defendant]

   Original wording

   Page 4, line 1, strike “the defendant or defendants” and insert “a defendant”.

2. 2

   Change 2: Inserts “with respect to that defendant” after “facts”

   InsertsPage 4, line 5Printed page

   In H.R. 3624 · Reported in House

   "(2) The joinder of the defendant or defendants described in paragraph (1) (B) is fraudulent if the court finds that--

   "(A) there is actual fraud in the pleading of jurisdictional facts[inserted: with respect to that defendant];

   "(B) based on the complaint and the materials submitted under paragraph (3), it is not plausible to conclude that applicable State law would impose liability on each defendant described in paragraph (1)(B);

   Original wording

   Page 4, line 5, after “facts” insert “with respect to that defendant”.

3. 3

   Change 3: Inserts “including that defendant” after “joint judgment”

   InsertsPage 4, line 17Printed page

   In H.R. 3624 · Reported in House

   "(C) State or Federal law clearly bars all claims in the complaint against all defendants described in paragraph (1)(B); or

   "(D) objective evidence clearly demonstrates that there is no good faith intention to prosecute the action against all defendants described in paragraph (1)(B) or to seek a joint judgment[inserted: including that defendant].

   "(3) In determining whether to grant or deny a motion under paragraph (1)(B), the court may permit the pleadings to be amended, and shall consider the pleadings, affidavits, and other evidence submitted by the parties.

   Original wording

   Page 4, line 17, after “joint judgment” insert “including that defendant”.

4. 4

   Change 4: Replaces “fraudulent joinder” with “that all defendants described in paragraph (1)(B) have been fraudulently joined”

   ReplacesPage 4, line 23Printed page

   In H.R. 3624 · Reported in House

   "(3) In determining whether to grant or deny a motion under paragraph (1)(B), the court may permit the pleadings to be amended, and shall consider the pleadings, affidavits, and other evidence submitted by the parties.

   "(4) If the court finds [struck: fraudulent joinder ][inserted: that all defendants described in paragraph (1)(B) have been fraudulently joined ]under paragraph (2), it shall dismiss without prejudice the claims against the defendant or defendants found to have been fraudulently joined and shall deny the motion described in paragraph (1)(B).". Union Calendar No. 321

   Original wording

   Page 4, line 23, strike “fraudulent joinder” and insert “that all defendants described in paragraph (1)(B) have been fraudulently joined”.

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

As printed