Bill SponsorBILLSPONSOR
Bill Sponsor
Politicians
Bills
House Bill 725
115th Congress(2017-2018)
Innocent Party Protection Act
Active
Amendments
Active
Passed House on Mar 9, 2017
Overview
Text
Sponsor
Republican
Introduced
Jan 30, 2017
Latest Action
Mar 13, 2017
Origin Chamber
House
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
725
Congress
115
Policy Area
Law
Law
Primary focus of measure is matters affecting civil actions and administrative remedies, courts and judicial administration, general constitutional issues, dispute resolution, including mediation and arbitration. Measures concerning specific constitutional amendments may fall under the policy area relevant to the subject matter of the amendment (e.g., Education). Measures concerning criminal procedure and law enforcement may fall under Crime and Law Enforcement policy area.
Sponsorship by Party
Republican
Ken Buck
Colorado
Republican
Trent Franks
Arizona
Republican
Blake Farenthold
Texas
Republican
Lamar Smith
Texas
Republican
Pete Sessions
Texas
Republican
Bob Goodlatte
Virginia
House Votes (2)
Senate Votes (0)
Question
On Passage
Status
Passed
Type
Roll Call Vote
Roll Call Vote
A vote that records the individual position of each Member who voted. Such votes occurring on the House floor (by the "yeas and nays" or by "recorded vote") are taken by electronic device. The Senate has no electronic voting system; in such votes, Senators answer "yea" or "nay" as the clerk calls each name aloud. Each vote is compiled by clerks and receives a roll call number (referenced in Congress.gov as a "Record Vote" [Senate] or "Roll no." [House]).
Roll Call Type
Recorded Vote
Roll Number
152
House Roll Call Votes
Summary

Innocent Party Protection Act

This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought.

Joinder of such a defendant is fraudulent if the court finds:

  • actual fraud in the pleading of jurisdictional facts with respect to that defendant,
  • state law would not plausibly impose liability on that defendant,
  • state or federal law bars all claims in the complaint against that defendant, or
  • no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant.

In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties.

A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.

Text (4)
Referred in Senate
March 13, 2017
Engrossed in House
March 9, 2017
Reported in House
February 24, 2017
Introduced in House
January 30, 2017
Amendments (2)
Mar 09, 2017
Not Agreed to in House
1
Sponsorship
House Amendment 67
An amendment numbered 2 printed in House Report 115-27 to create a separate exception for plaintiffs seeking compensation resulting from the bad faith of an insurer.
Active
Mar 09, 2017
Not Agreed to in House
1
Sponsorship
House Amendment 66
Amendment sought to create an exception for instances of public health risks, including byproducts of hydraulic fracturing, well stimulation, or any water contamination.
Active
Related Bills (1)
Mar 08, 2017
Passed House
1
Sponsorship
House Simple Resolution 175
Providing for consideration of the bill (H.R. 725) to amend title 28, United States Code, to prevent fraudulent joinder.
Active
Type
Procedurally-Related Measure
Procedurally-Related Measure
Legislation that affects consideration of other legislation (e.g., a rule for consideration, a bill ordered to be reported or passed in lieu of another measure). Identical bills, companion measures, and legislation with text similarities are other related bill types.
Identified By
House
Public Record
Record Updated
Jan 11, 2023 1:34:15 PM
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