Page:United States Statutes at Large Volume 119.djvu/28

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PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 10

PUBLIC LAW 109–2—FEB. 18, 2005 ‘‘(A) whether the claims asserted involve matters of national or interstate interest; ‘‘(B) whether the claims asserted will be governed by laws of the State in which the action was originally filed or by the laws of other States; ‘‘(C) whether the class action has been pleaded in a manner that seeks to avoid Federal jurisdiction; ‘‘(D) whether the action was brought in a forum with a distinct nexus with the class members, the alleged harm, or the defendants; ‘‘(E) whether the number of citizens of the State in which the action was originally filed in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State, and the citizenship of the other members of the proposed class is dispersed among a substantial number of States; and ‘‘(F) whether, during the 3-year period preceding the filing of that class action, 1 or more other class actions asserting the same or similar claims on behalf of the same or other persons have been filed. ‘‘(4) A district court shall decline to exercise jurisdiction under paragraph (2)— ‘‘(A)(i) over a class action in which— ‘‘(I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed; ‘‘(II) at least 1 defendant is a defendant— ‘‘(aa) from whom significant relief is sought by members of the plaintiff class; ‘‘(bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and ‘‘(cc) who is a citizen of the State in which the action was originally filed; and ‘‘(III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was originally filed; and ‘‘(ii) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons; or ‘‘(B) two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the State in which the action was originally filed. ‘‘(5) Paragraphs (2) through (4) shall not apply to any class action in which— ‘‘(A) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or ‘‘(B) the number of members of all proposed plaintiff classes in the aggregate is less than 100. ‘‘(6) In any class action, the claims of the individual class members shall be aggregated to determine whether the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs.

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