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Personal. My 50 year old brother has abestosis from working for a company who did not adhere to safety laws. Men 50 & older have & are dying of lung cancer, already. A class action suit that was won hands down had started giving all affected a good settlement. The oldest workers to the youngest and taking into account, health. My brother has a lesion that has to be checked every 3 months. This is serious. He would have gotten a good sum due to the lesion. He needs to quit work. Right before his (health) group was compensated, this law went into effect. He got virtually nothing and now can not get Life Insurance due to the abestosis being on record. He will most likely not live a normal life span and his wife will be left with nothing.
There are worse stories with younger men with kids.
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. Sections 1332(d), 1453, and 1711-1715, expanded federal jurisdiction over many large class-action lawsuits and mass actions.
The bill was the first major legislation in the second term for the Bush Administration. Business groups and tort reform supporters had lobbied for the legislation, arguing that it was needed to prevent class-action lawsuit abuse. <1> President George W. Bush had vowed to support this legislation.
The Act accomplished two key goals of tort reform advocates:
Reduce "forum-shopping" by plaintiffs in friendly state courts by expanding federal diversity jurisdiction to class actions where there is not "complete diversity"giving federal jurisdiction over class actions against out-of-state defendants. Proponents argued that "magnet jurisdictions" such as Madison County, Illinois were rife with abuse of the class action procedure. Requires greater federal scrutiny procedures for the review of class action settlements and changes the rules for evaluating coupon settlements, often reducing attorney's fees that are deemed excessive relative to the benefits actually afforded class members. For example, in an infamous Alabama class action involving Bank of Boston, the attorneys' fees exceeded the relief to the class members, and class members lost money paying attorneys for the "victory." The Act gives federal courts jurisdiction to certain class actions in which the amount in controversy exceeds $5 million, and in which any of the members of a class of plaintiffs is a citizen of a state different from any defendant, unless at least two-thirds or more of the members of all proposed plaintiff classes in the aggregate and the primary defendants are citizens of the state in which the action was originally filed.
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