DRI President John Cuttino’s Letter to House Judiciary Chair Bob Goodlatte on HR 985, the Fairness in Class Action Litigation Act of 2017

In February, the House Judiciary Committee reported the multi-provision HR 985, the Fairness in Class Action Litigation Act of 2017.

Among other things, HR 985 would:

• Limit certification in cases claiming personal injury or economic loss to classes in which all members suffered the same ”type and scope of injury.”
• Prohibit certification of a class unless there is objective evidence that the relief can actually be distributed to a substantial majority of class members by “administratively feasible” means.
• Require in any class action that all discovery be stayed during the pendency of any motion to transfer, dismiss or strike class allegations.
• Permit appeals as of right from orders granting or denying class certification.
• Attached here is DRI president John Cuttino’s letter to House Judiciary Chairman Bob Goodlatte on HR 985.