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house Bill H.R. 1927

Should All Plaintiffs in Class Action Lawsuits Have Suffered the Same Level of Injury?

Argument in favor

Class action lawsuits are often exploited. Courts need to improve how plaintiffs are vetted to ensure that they have actually been harmed. Class action suits should only come from people who have suffered the same.

David's Opinion
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01/21/2016
All planttiffs should be harmed in the same manner to even be considered a class action suit.
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Joe's Opinion
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01/27/2016
There are many, many ads on TV for these suits. Those truly harmed should be compensated for the level of their harm. Lawyers should be paid a fee that would not allow them to end up with, in many cases, a large portion of the money.
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Brittany's Opinion
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06/20/2016
This offers all consumers a level of protection, despite their level of involvement.
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Argument opposed

The current system for class action lawsuits does a sufficient job of vetting and separating different types of injuries. This bill would make it harder for those who’ve been injured to join a class action lawsuit.

David's Opinion
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01/05/2016
There is no such thing as the same level of injury. Class action suits are a way to save court time to establish liability for an error that has affected many people. Proof of and amount of damage is separately proven by each claimant.
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Jared's Opinion
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01/08/2016
Everyone prepare to feign surprise...ready? A GOP lawmaker proposed a bill to protect those companies which face the largest number of class action suits for inappropriate action (which also happen to be major campaign donors to GOP candidates, their super PACs, and the RNC) from being effectively sued in the future. *queue gasp of surprise and astonishment* This is, once again, a law being presented as perfectly legitimate and reasonable (and it really does make sense and sounds reasonable) but is simply a front for use by those with the most money to pay the best legal team to limit their liability through legal loopholes.
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William's Opinion
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01/08/2016
Injuries will never be exactly the same. The point of a class action lawsuit is to sue for an error that caused the injuries, and compensations are individually decided for each victim. This bill is just an attempt to put another hoop to jump through for plaintiffs against the companies that lobby congress.
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What is House Bill H.R. 1927?

This bill would reform the framework of class action lawsuits by requiring that classes consist of members with the same type and extent of injury. Potential members of a class action suit would be required to demonstrate that they’ve experienced the same type and intensity an injury as named representatives of the class.

People who are injured to a non-comparable extent or are uninjured could still join class action lawsuits, but must do separately from those who have experienced more extensive injury. Courts would be required to certify that each class in a class action lawsuit meets the type and scope of this legislation’s injury requirements following rigorous analysis.

Impact

Plaintiffs in a class action lawsuit, the people and organizations brought to court by class action suits, related federal agencies and the court system.

Cost of House Bill H.R. 1927

$0.00
The CBO estimates that additional costs imposed by this legislation would be insignificant.

More Information

In-Depth: Sponsoring Rep. Bob Goodlatte (R-VA) called this a “simple, one-page bill, that furthers a common sense principle that should apply to class action lawsuits in the future.” Goodlatte added in a press release that:

“Only those people who share injuries of the same type and extent should be part of a class action lawsuit. I was proud to help move the Class Action Fairness Act through Congress ten years ago, and today I am introducing this legislation to supplement the protections afforded to victims in class actions, and further reduce wasteful litigation in our courts.”

This legislation has received criticism for making it more difficult for plaintiffs who’ve been injured to join a class action lawsuit. A column in the Los Angeles Times called the bill “Orwellian” and included a lawyer’s quote that “If your injury is different by just $1, it would preclude joining a class action.”

The House Judiciary Committee approved this bill by a vote of 15 to 10.


Media:

Summary by Eric Revell
(Photo Credit: Blogspot user Manukhan)

AKA

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016

Official Title

To amend title 28, United States Code, to improve fairness in class action litigation.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
  • The house Passed January 8th, 2016
    Roll Call Vote 211 Yea / 188 Nay
      house Committees
      The Constitution, Civil Rights, and Civil Liberties
      Committee on the Judiciary
    IntroducedApril 22nd, 2015

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    There is no such thing as the same level of injury. Class action suits are a way to save court time to establish liability for an error that has affected many people. Proof of and amount of damage is separately proven by each claimant.
    Like (15)
    Follow
    Share
    Everyone prepare to feign surprise...ready? A GOP lawmaker proposed a bill to protect those companies which face the largest number of class action suits for inappropriate action (which also happen to be major campaign donors to GOP candidates, their super PACs, and the RNC) from being effectively sued in the future. *queue gasp of surprise and astonishment* This is, once again, a law being presented as perfectly legitimate and reasonable (and it really does make sense and sounds reasonable) but is simply a front for use by those with the most money to pay the best legal team to limit their liability through legal loopholes.
    Like (8)
    Follow
    Share
    Injuries will never be exactly the same. The point of a class action lawsuit is to sue for an error that caused the injuries, and compensations are individually decided for each victim. This bill is just an attempt to put another hoop to jump through for plaintiffs against the companies that lobby congress.
    Like (3)
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    This isn't a major priority compared to everything else going on in the country. While I firmly believe in all things being equitable, this just isn't important right now.
    Like (2)
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    This is another giveaway to big business at the expense of the people.
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    Hell no! Just another way to screw citizens in favor of corporations. Can we just stop doing this?
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    Perhaps restitution should be based on level of injury but all should be able to join together in the same lawsuit.
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    Yet another example of attempting to protect corporate interests over the public interests. This bill is disgusting.
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    They need to limit the amount of money the lawyers get. Not limit the class.
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    This bill disadvantages consumers and favors corporations. Typical republican bill to favor their corporate gods.
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    Why is Congress waiting time with this?
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    Companies would love this and so would lawyers. This would place another financial burden on plaintiffs and thereby reduce the number of plaintiffs and would of course require the assistance of lawyers. Thereby making this overly wealth and under scrutinized and policed group even wealthier. Why are the two wealthiest groups in America are the same groups that are allowed to police their own members?
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    What is broken here?
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    Sounds like yet another ploy to help big business and hurt the voters
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    If the harm, regardless of the nature, was from he same cause, it shouldn't matter the degree or even the form. If faulty car brakes caused accidents that result in my getting into an accident and being burned in a fire, you getting into an accident and suffering a broken arm, and a third person being killed going over a cliff it's still the damn faulty brakes.
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    Every injury is different. Each claim is different and should be treated as such.
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    Absolutely not. A lawsuit is to make you "whole" again, not rich (er).
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    Stop worrying about "fairness " and do your job! Follow the Constitution and serve the electorate!
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    This would kill all class actions by injecting an unnecessary element. It would eliminate the only practical way for consumers to get their money back or get compensation for injury caused by defective products.
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    Can you imagine how long it would take even just a few thousand people to prove their level of injury? This bill's aim is to cripple class action lawsuits.
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