On March 9, 2017, the U.S. House of Representatives voted to approve the Fairness in Class Action Litigation Act of 2017 (“H.R. 985” or the “Bill”), a bill that, if signed into law, would significantly modify class action practice.
The Bill was sponsored by Congressman Bob Goodlatte (R-VA), Chairman of the House Judiciary Committee, who previously sponsored similar legislation in 2015 that cleared the House but failed to advance in the Senate. With Republicans retaining control of the Senate and having recently captured the White House, the potential for class action legislation becoming law has increased. Key provisions of the Bill include:
The Bill now moves to the Senate where it has been reported to the Senate Judiciary Committee. It should be noted that the Republican majority in the Senate remains narrow and it is possible that the Senate could fail to advance the Bill (as occurred in 2015) or it could alter the Bill considerably. The situation in the Senate thus bears careful monitoring.