Page:United States Statutes at Large Volume 119.djvu/29

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PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–2—FEB. 18, 2005

119 STAT. 11

‘‘(7) Citizenship of the members of the proposed plaintiff classes shall be determined for purposes of paragraphs (2) through (6) as of the date of filing of the complaint or amended complaint, or, if the case stated by the initial pleading is not subject to Federal jurisdiction, as of the date of service by plaintiffs of an amended pleading, motion, or other paper, indicating the existence of Federal jurisdiction. ‘‘(8) This subsection shall apply to any class action before or after the entry of a class certification order by the court with respect to that action. ‘‘(9) Paragraph (2) shall not apply to any class action that solely involves a claim— ‘‘(A) concerning a covered security as defined under 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 78p(f)(3)) and section 28(f)(5)(E) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); ‘‘(B) that relates to the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ‘‘(C) that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder). ‘‘(10) For purposes of this subsection and section 1453, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized. ‘‘(11)(A) For purposes of this subsection and section 1453, a mass action shall be deemed to be a class action removable under paragraphs (2) through (10) if it otherwise meets the provisions of those paragraphs. ‘‘(B)(i) As used in subparagraph (A), the term ‘mass action’ means any civil action (except a civil action within the scope of section 1711(2)) in which monetary relief claims of 100 or more persons are proposed to be tried jointly on the ground that the plaintiffs’ claims involve common questions of law or fact, except that jurisdiction shall exist only over those plaintiffs whose claims in a mass action satisfy the jurisdictional amount requirements under subsection (a). ‘‘(ii) As used in subparagraph (A), the term ‘mass action’ shall not include any civil action in which— ‘‘(I) all of the claims in the action arise from an event or occurrence in the State in which the action was filed, and that allegedly resulted in injuries in that State or in States contiguous to that State; ‘‘(II) the claims are joined upon motion of a defendant; ‘‘(III) all of the claims in the action are asserted on behalf of the general public (and not on behalf of individual claimants or members of a purported class) pursuant to a State statute specifically authorizing such action; or ‘‘(IV) the claims have been consolidated or coordinated solely for pretrial proceedings. ‘‘(C)(i) Any action(s) removed to Federal court pursuant to this subsection shall not thereafter be transferred to any other court

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