S. 3249 — Introduced in Senate

II 115th CONGRESS 2d Session S. 3249 IN THE SENATE OF THE UNITED STATES July 19, 2018Mr. Lee introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to modify the amount in controversy requirement and remove the complete diversity requirement. 1. Short title This Act may be cited as the Federal Courts Access Act of 2018. 2. Purposes The purposes of this Act are to— (1) assure fairer and more efficient civil litigation and prompt recoveries for claimants and defendants; (2) enhance the integrity of the legal system of the United States by diminishing abuses in the civil litigation system; and (3) restore the intent of the framers of the Constitution of the United States by ensuring Federal court consideration of major controversies, consistent with diversity jurisdiction principles. 3. Diversity of citizenship; amount in controversy (a) In general Section 1332 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking $75,000 and inserting $125,000; and (B) in paragraph (1), by inserting not less than 1 plaintiff and 1 defendant who are before citizens of different States; (2) in subsection (b), by striking $75,000 and inserting $125,000; and (3) in subsection (d)— (A) in paragraph (2), by striking $5,000,000 and inserting $125,000; (B) by striking paragraphs (3) and (4); (C) by redesignating paragraphs (5) through (10) as paragraphs (3) through (8), respectively; (D) in paragraph (3), as so redesignated, by striking Paragraphs (2) through (4) and inserting Paragraph (2); (E) in paragraph (4), as so redesignated, by striking $5,000,000 and inserting $125,000; (F) in paragraph (5), as so redesignated, by striking (2) through (6) and inserting (2) through (4); (G) in paragraph (7)(A), as so redesignated— (i) by inserting section after defined under; and (ii) by striking (15 U.S.C. 78p(f)(3)) and inserting (15 U.S.C. 77p(f)(3)); and (H) by striking paragraph (11). (b) Removal of civil actions (1) In general Section 1441(b)(2) of title 28, United States Code, is amended— (A) by striking if any and inserting if all; and (B) by striking is a citizen and inserting are citizens. (2) Procedure for removal of civil actions Section 1446 of title 28, United States Code, is amended— (A) in subsection (c)— (i) by striking (1) A case and all that follows through (2) If and inserting (1) If; (ii) by redesignating paragraph (3) as paragraph (2); and (iii) in paragraph (2), as so redesignated— (I) by striking (A) If and inserting If; and (II) by striking subparagraph (B); and (B) by redesignating subsection (g) as subsection (f). (3) Removal of class actions Section 1453 of title 28, United States Code, is amended by striking subsection (b) and inserting the following: (b) Removal generally A class action may be removed to a district court of the United States in accordance with section 1446, except that such action may be removed by any defendant without the consent of all defendants. .