HR 725
115th Congress
House
Law
Civil actions and liability
Evidence and witnesses
Federal district courts
Fraud offenses and financial crimes
Judicial procedure and administration
State and local courts
Innocent Party Protection Act
Introduced: January 30, 2017
See on congress.gov
Everywhere this bill has been
32 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 13, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Mar 9, 2017
Motion to reconsider laid on the table Agreed to without objection.
Mar 9, 2017
On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
Mar 9, 2017
Passed/agreed to in House: On passage Passed by recorded vote: 224 - 194 (Roll no. 152).
Mar 9, 2017
On motion to recommit with instructions Failed by recorded vote: 187 - 233 (Roll no. 151).
Mar 9, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Mar 9, 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 9, 2017
Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H2002)
Mar 9, 2017
The previous question was ordered pursuant to the rule.
Mar 9, 2017
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 725.
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 9, 2017
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Mar 9, 2017
Considered as unfinished business. (consideration: CR H2000-2004)
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
On motion that the committee rise Agreed to by voice vote.
Mar 9, 2017
Mr. Farenthold moved that the committee rise.
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
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 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 Soto amendment No. 1.
Mar 9, 2017
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 725.
Mar 9, 2017
The Speaker designated the Honorable Jody B. Hice to act as Chairman of the Committee.
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
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
Considered under the provisions of rule H. Res. 175. (consideration: CR H1968-1974; text of measure as reported in House: CR H1972)
Mar 8, 2017
Rule H. Res. 175 passed House.
Mar 7, 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
Feb 24, 2017
Placed on the Union Calendar, Calendar No. 5.
Feb 24, 2017
Reported by the Committee on Judiciary. H. Rept. 115-17.
Jan 31, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Jan 30, 2017
Referred to the House Committee on the Judiciary.
Jan 30, 2017
Introduced in House
Votes taken on this bill
2
| Date | Chamber | What was voted on | Result | Yes–No | |
|---|---|---|---|---|---|
| Mar 10, 2017 | House · vote #152 | On Passage | Passed | 224–194 | See who voted → |
| Mar 10, 2017 | House · vote #151 | On Motion to Recommit with Instructions | Failed | 187–233 | See who voted → |
Plain-English summary
(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.
What's happening now
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Committees of jurisdiction
3
Cosponsors
1