Legis Daily

Innocent Party Protection Act

USA115th CongressHR-725| House 
| Updated: 3/13/2017
Ken Buck

Ken Buck

Republican Representative

Colorado

Cosponsors (5)
Lamar Smith (Republican)Pete Sessions (Republican)Blake Farenthold (Republican)Bob Goodlatte (Republican)Trent Franks (Republican)

Judiciary Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.) Innocent Party Protection Act (Sec. 2) 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.

Bill Text Versions

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4 versions available

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Timeline
Jan 30, 2017
Introduced in House
Jan 30, 2017
Referred to the House Committee on the Judiciary.
Jan 31, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Feb 24, 2017
Placed on the Union Calendar, Calendar No. 5.
Feb 24, 2017
Reported by the Committee on Judiciary. H. Rept. 115-17.
Mar 8, 2017
Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
Mar 8, 2017
Rule H. Res. 175 passed House.
Mar 9, 2017
Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)
Mar 9, 2017
Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
Mar 9, 2017
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.
Mar 9, 2017
The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
Mar 9, 2017
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.
Mar 9, 2017
DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1.
Mar 9, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mar 9, 2017
DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2.
Mar 9, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mar 9, 2017
Mr. Farenthold moved that the committee rise.
Mar 9, 2017
On motion that the committee rise Agreed to by voice vote.
Mar 9, 2017
Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.
Mar 9, 2017
Considered as unfinished business. (consideration: CR H2000-2004)
Mar 9, 2017
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mar 9, 2017
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.
Mar 10, 2017
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
Mar 10, 2017
The previous question was ordered pursuant to the rule.
Mar 10, 2017
Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
Mar 10, 2017
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government.
Mar 10, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Mar 10, 2017
On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
View Vote
Mar 10, 2017
On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
View Vote
Mar 10, 2017
Motion to reconsider laid on the table Agreed to without objection.
Mar 13, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • January 30, 2017
    Introduced in House


  • January 30, 2017
    Referred to the House Committee on the Judiciary.


  • January 31, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • February 24, 2017
    Placed on the Union Calendar, Calendar No. 5.


  • February 24, 2017
    Reported by the Committee on Judiciary. H. Rept. 115-17.


  • March 8, 2017
    Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725


  • March 8, 2017
    Rule H. Res. 175 passed House.


  • March 9, 2017
    Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)


  • March 9, 2017
    Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725


  • March 9, 2017
    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.


  • March 9, 2017
    The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.


  • March 9, 2017
    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.


  • March 9, 2017
    DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1.


  • March 9, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.


  • March 9, 2017
    DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2.


  • March 9, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.


  • March 9, 2017
    Mr. Farenthold moved that the committee rise.


  • March 9, 2017
    On motion that the committee rise Agreed to by voice vote.


  • March 9, 2017
    Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.


  • March 9, 2017
    Considered as unfinished business. (consideration: CR H2000-2004)


  • March 9, 2017
    The House resolved into Committee of the Whole House on the state of the Union for further consideration.


  • March 9, 2017
    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.


  • March 10, 2017
    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.


  • March 10, 2017
    The previous question was ordered pursuant to the rule.


  • March 10, 2017
    Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)


  • March 10, 2017
    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government.


  • March 10, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • March 10, 2017
    On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
    View Vote


  • March 10, 2017
    On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
    View Vote


  • March 10, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • March 13, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Law

Related Bills

  • HRES 115-175: Providing for consideration of the bill (H.R. 725) to amend title 28, United States Code, to prevent fraudulent joinder.
Civil actions and liabilityEvidence and witnessesFederal district courtsFraud offenses and financial crimesJudicial procedure and administrationState and local courts

Innocent Party Protection Act

USA115th CongressHR-725| House 
| Updated: 3/13/2017
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.) Innocent Party Protection Act (Sec. 2) 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.

Bill Text Versions

View Text
4 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 30, 2017
Introduced in House
Jan 30, 2017
Referred to the House Committee on the Judiciary.
Jan 31, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Feb 24, 2017
Placed on the Union Calendar, Calendar No. 5.
Feb 24, 2017
Reported by the Committee on Judiciary. H. Rept. 115-17.
Mar 8, 2017
Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
Mar 8, 2017
Rule H. Res. 175 passed House.
Mar 9, 2017
Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)
Mar 9, 2017
Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725
Mar 9, 2017
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.
Mar 9, 2017
The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
Mar 9, 2017
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.
Mar 9, 2017
DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1.
Mar 9, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mar 9, 2017
DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2.
Mar 9, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
Mar 9, 2017
Mr. Farenthold moved that the committee rise.
Mar 9, 2017
On motion that the committee rise Agreed to by voice vote.
Mar 9, 2017
Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.
Mar 9, 2017
Considered as unfinished business. (consideration: CR H2000-2004)
Mar 9, 2017
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mar 9, 2017
UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.
Mar 10, 2017
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
Mar 10, 2017
The previous question was ordered pursuant to the rule.
Mar 10, 2017
Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
Mar 10, 2017
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government.
Mar 10, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Mar 10, 2017
On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
View Vote
Mar 10, 2017
On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
View Vote
Mar 10, 2017
Motion to reconsider laid on the table Agreed to without objection.
Mar 13, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • January 30, 2017
    Introduced in House


  • January 30, 2017
    Referred to the House Committee on the Judiciary.


  • January 31, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.


  • February 24, 2017
    Placed on the Union Calendar, Calendar No. 5.


  • February 24, 2017
    Reported by the Committee on Judiciary. H. Rept. 115-17.


  • March 8, 2017
    Rules Committee Resolution H. Res. 175 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725


  • March 8, 2017
    Rule H. Res. 175 passed House.


  • March 9, 2017
    Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)


  • March 9, 2017
    Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Rule providing for consideration of H.R. 725


  • March 9, 2017
    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 175 and Rule XVIII.


  • March 9, 2017
    The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.


  • March 9, 2017
    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.


  • March 9, 2017
    DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Soto amendment No. 1.


  • March 9, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Soto amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Raskin demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.


  • March 9, 2017
    DEBATE - Pursuant to the provisions of H.Res. 175, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright amendment No. 2.


  • March 9, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.


  • March 9, 2017
    Mr. Farenthold moved that the committee rise.


  • March 9, 2017
    On motion that the committee rise Agreed to by voice vote.


  • March 9, 2017
    Committee of the Whole House on the state of the Union rises leaving H.R. 725 as unfinished business.


  • March 9, 2017
    Considered as unfinished business. (consideration: CR H2000-2004)


  • March 9, 2017
    The House resolved into Committee of the Whole House on the state of the Union for further consideration.


  • March 9, 2017
    UNFINISHED BUSINESS - The Chair announced that the unfinished business was on amendments which had been debated earlier and on which further proceedings had been postponed.


  • March 10, 2017
    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.


  • March 10, 2017
    The previous question was ordered pursuant to the rule.


  • March 10, 2017
    Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)


  • March 10, 2017
    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster (NH) motion to recommit with instructions. The instructions contained in the motion seek to report the bill back to the House with an amendment to add an exemption for any civil action brought forward that pertains to ethics in government.


  • March 10, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • March 10, 2017
    On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
    View Vote


  • March 10, 2017
    On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
    View Vote


  • March 10, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • March 13, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Ken Buck

Ken Buck

Republican Representative

Colorado

Cosponsors (5)
Lamar Smith (Republican)Pete Sessions (Republican)Blake Farenthold (Republican)Bob Goodlatte (Republican)Trent Franks (Republican)

Judiciary Committee, Judiciary Committee, Constitution and Limited Government Subcommittee

Law

Related Bills

  • HRES 115-175: Providing for consideration of the bill (H.R. 725) to amend title 28, United States Code, to prevent fraudulent joinder.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityEvidence and witnessesFederal district courtsFraud offenses and financial crimesJudicial procedure and administrationState and local courts