H.R. 3624House114th Congress (2015-2017)Passed House

Fraudulent Joinder Prevention Act of 2016

Legislative Activity

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34 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

February 29, 2016

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HouseIntro Referral

Introduced in House

September 28, 2015

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 28, 2015

HouseCommittee

Referred to the Subcommittee on the Constitution and Civil Justice.

Constitution and Limited Government Subcommittee

November 3, 2015

HouseCommittee

Subcommittee on the Constitution and Civil Justice Discharged.

Judiciary Committee

January 29, 2016

HouseCommittee

Committee Consideration and Mark-up Session Held.

Judiciary Committee

February 3, 2016

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 13 - 10.

Judiciary Committee

February 3, 2016

HouseCommittee

Reported (Amended) by the Committee on Judiciary. H. Rept. 114-422.

Judiciary Committee

February 16, 2016

HouseCalendars

Placed on the Union Calendar, Calendar No. 321.

February 16, 2016

HouseFloor

Rules Committee Resolution H. Res. 618 Reported to House. Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.

February 23, 2016 • 7:18 PM

HouseFloor

Rule H. Res. 618 passed House.

February 24, 2016 • 1:48 PM

HouseFloor

Considered under the provisions of rule H. Res. 618. (consideration: CR H907-915)

February 25, 2016 • 12:54 PM

HouseFloor

Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.

February 25, 2016 • 12:54 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 618 and Rule XVIII.

February 25, 2016 • 12:54 PM

HouseFloor

The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.

February 25, 2016 • 12:54 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3624.

February 25, 2016 • 1:02 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 618, the Committee of the Whole proceeded with 10 minutes of debate on the Buck (CO) amendment No. 1.

February 25, 2016 • 1:47 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res 618, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright (PA) amendment No. 2.

February 25, 2016 • 1:50 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendement No. 2 the Chair put the question on adoption of the amendment and by voice vote annouced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

February 25, 2016 • 2:01 PM

HouseFloor

Mr. Buck moved that the Committee rise.

February 25, 2016 • 2:01 PM

HouseFloor

On motion that the Committee rise Agreed to by voice vote.

February 25, 2016 • 2:01 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 3624 as unfinished business.

February 25, 2016 • 2:01 PM

HouseFloor

Considered as unfinished business. (consideration: CR H915-918)

February 25, 2016 • 3:15 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

February 25, 2016 • 3:16 PM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

February 25, 2016 • 3:16 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3624.

February 25, 2016 • 3:37 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H916)

February 25, 2016 • 3:38 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H913)

February 25, 2016 • 3:38 PM

HouseFloor

Mrs. Watson Coleman moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H916; text: CR H916)

Judiciary Committee

February 25, 2016 • 3:39 PM

HouseFloor

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watson Coleman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exemption to the underlying bill for cases in which the plaintiff seeks relief in connection with the sexual abuse or exploitation of a minor.

February 25, 2016 • 3:40 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H917)

February 25, 2016 • 3:48 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 180 - 239 (Roll no. 88).

Judiciary Committee

View vote Failed

February 25, 2016 • 3:54 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 229 - 189 (Roll no. 89).

View vote Passed

February 25, 2016 • 4:01 PM

HouseFloor

On passage Passed by recorded vote: 229 - 189 (Roll no. 89).

View vote Passed

February 25, 2016 • 4:01 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 25, 2016 • 4:01 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

February 29, 2016

Voting History

3 votes recorded • Roll call available

HOUSE

Roll Call Available

February 25, 2016 at 3:59 PM

On Passage

Majority required: 1/2 (50%)

Passed

229 - 189

HOUSE

Roll Call Available

February 25, 2016 at 3:53 PM

On Motion to Recommit with Instructions

Majority required: 1/2 (50%)

Failed

180 - 239

HOUSE

Roll Call Available

February 25, 2016 at 3:35 PM

On Agreeing to the Amendment

Majority required: 1/2 (50%)

Failed

178 - 237

Bill Text

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Referred in SenateIssued February 29, 2016

IIB

114th CONGRESS

2d Session

H. R. 3624

IN THE SENATE OF THE UNITED STATES

February 29, 2016

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 28, United States Code, to prevent fraudulent joinder.

Short title

This Act may be cited as the Fraudulent Joinder Prevention Act of 2016.

Prevention of fraudulent joinder

Section 1447 of title 28, United States Code, is amended by adding at the end the following:

(f)

Fraudulent joinder

(1)

This subsection shall apply to any case in which—

(A)

a civil action is removed solely on the basis of the jurisdiction conferred by section 1332(a);

(B)

a motion to remand is made on the ground that—

(i)

one or more defendants are citizens of the same State as one or more plaintiffs; or

(ii)

one or more defendants properly joined and served are citizens of the State in which the action was brought; and

(C)

the motion is opposed on the ground that the joinder of the defendant or defendants described in subparagraph (B) is fraudulent.

(2)

The joinder of a defendant described in paragraph (1)(B) is fraudulent if the court finds that—

(A)

there is actual fraud in the pleading of jurisdictional facts 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 that defendant;

(C)

State or Federal law clearly bars all claims in the complaint against that defendant; or

(D)

objective evidence clearly demonstrates that there is no good faith intention to prosecute the action against that defendant or to seek a joint judgment 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.

(4)

If the court finds that all defendants described in paragraph (1)(B) have been fraudulently joined under paragraph (2), it shall dismiss without prejudice the claims against those defendants and shall deny the motion described in paragraph (1)(B).

Passed the House of Representatives February 25, 2016.

Karen L. Haas,

Clerk