House Resolution 60

A RESOLUTION ASKING CONGRESS TO REFORM THE CURRENT CLASS ACTION LAWSUIT PROCESS IN ORDER TO ENSURE FAIR LEGAL PROCESS FOR CLASS MEMBERS WITH LEGITIMATE CLAIMS, PROTECT RESPONSIBLE COMPANIES AND OTHER INSTITUTIONS AGAINST FRIVOLOUS INTERSTATE CLASS ACTIONS IN STATE COURTS.

WHEREAS, over the past decade, there have been abuses of the class action devices that have harmed class members with legitimate claims and defendants that have acted responsibly, adversely affected interstate commerce and undermined public respect for the judicial system in the United States; and

WHEREAS, class members have been harmed by a number of actions taken by plaintiffs' lawyers, which provide little or no

benefit to class members as a whole, including plaintiffs' lawyers receiving large fees, while class members are left with coupons or other awards of little or no value and unjustified rewards being made to certain plaintiffs at the expense of other class members; and

WHEREAS, abusive interstate class actions have harmed society as a whole by forcing innocent parties to settle cases rather than risk a huge judgment by a local jury, thereby costing consumers billions of dollars in increased costs to pay for forced settlements and excessive judgments; and

WHEREAS, through the use of artful pleading, plaintiffs are able to avoid litigating class actions in federal court, forcing businesses and other organizations to defend interstate class action lawsuits in county and state courts where the lawyers, rather than the claimants, are likely to receive the maximum benefit:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That the House of Representatives requests senators from our state to pass class action reform legislation that assures fair and prompt recoveries for class members with legitimate claims, protects responsible companies and other institutions against interstate class actions in state courts and restores the intent of the framers of the Constitution by providing for federal court consideration of interstate class actions.

BE IT FURTHER RESOLVED, That copies of this resolution be furnished to Mississippi's Congressional Delegation and to the members of the Capitol Press Corps.