Page:United States Statutes at Large Volume 119.djvu/30

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 109-000—MMMM. DD, 2005

119 STAT. 12

PUBLIC LAW 109–2—FEB. 18, 2005 pursuant to section 1407, or the rules promulgated thereunder, unless a majority of the plaintiffs in the action request transfer pursuant to section 1407. ‘‘(ii) This subparagraph will not apply— ‘‘(I) to cases certified pursuant to rule 23 of the Federal Rules of Civil Procedure; or ‘‘(II) if plaintiffs propose that the action proceed as a class action pursuant to rule 23 of the Federal Rules of Civil Procedure. ‘‘(D) The limitations periods on any claims asserted in a mass action that is removed to Federal court pursuant to this subsection shall be deemed tolled during the period that the action is pending in Federal court.’’. (b) CONFORMING AMENDMENTS.— (1) Section 1335(a)(1) is amended by inserting ‘‘subsection (a) or (d) of’’ before ‘‘section 1332’’. (2) Section 1603(b)(3) is amended by striking ‘‘(d)’’ and inserting ‘‘(e)’’. SEC. 5. REMOVAL OF INTERSTATE CLASS ACTIONS TO FEDERAL DISTRICT COURT.

(a) IN GENERAL.—Chapter 89 is amended by adding after section 1452 the following:


VerDate 14-DEC-2004

08:19 Oct 26, 2006

‘‘§ 1453. Removal of class actions ‘‘(a) DEFINITIONS.—In this section, the terms ‘class’, ‘class action’, ‘class certification order’, and ‘class member’ shall have the meanings given such terms under section 1332(d)(1). ‘‘(b) IN GENERAL.—A class action may be removed to a district court of the United States in accordance with section 1446 (except that the 1-year limitation under section 1446(b) shall not apply), without regard to whether any defendant is a citizen of the State in which the action is brought, except that such action may be removed by any defendant without the consent of all defendants. ‘‘(c) REVIEW OF REMAND ORDERS.— ‘‘(1) IN GENERAL.—Section 1447 shall apply to any removal of a case under this section, except that notwithstanding section 1447(d), a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action to the State court from which it was removed if application is made to the court of appeals not less than 7 days after entry of the order. ‘‘(2) TIME PERIOD FOR JUDGMENT.—If the court of appeals accepts an appeal under paragraph (1), the court shall complete all action on such appeal, including rendering judgment, not later than 60 days after the date on which such appeal was filed, unless an extension is granted under paragraph (3). ‘‘(3) EXTENSION OF TIME PERIOD.—The court of appeals may grant an extension of the 60-day period described in paragraph (2) if— ‘‘(A) all parties to the proceeding agree to such extension, for any period of time; or ‘‘(B) such extension is for good cause shown and in the interests of justice, for a period not to exceed 10 days. ‘‘(4) DENIAL OF APPEAL.—If a final judgment on the appeal under paragraph (1) is not issued before the end of the period

Jkt 039194

PO 00001

Frm 00010

Fmt 6580

Sfmt 6581



PsN: PUBL001