In one of its first 2016 actions after returning from the extended Congressional Holiday recess, the U.S. House of Representatives passed legislation on January 8, 2016, to make changes to the rules governing class actions brought in federal court to tighten the standards prospective class members must meet in order to show that class litigation is appropriate.
H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claims Transparency Act, was approved by a partisan vote of 211 – 188, with Republicans mostly in favor and Democrats mostly opposed. Among other things, the bill, which had the strong support of major business groups, would prevent the certification of class action claims absent a showing that each member of the class suffered the same type and scope of injury.
As has been the case with other business-oriented reform bills that have been approved previously by the Republican-led House, H.R. 1927 is not expected to be considered by the U.S. Senate, where partisan differences make it almost impossible for a bill to pass without agreement between the parties.