Class action bill down, perhaps out, for 2004.

The Senate "dropped a class-action lawsuit bill that once seemed certain," noted an August 8 Washington Post article that reviewed the Senate's record in the 108th Congress to date.

ATLA had worked tirelessly against the so-called Class Action Fairness Act, refusing to concede to the apparent legislative reality.

The bill would allow defendants to remove to federal district court many, perhaps even most, class action cases filed in state court. To do so, the bill would create a new "minimal diversity" jurisdiction that would apply iii class actions and certain mass tort cases. The bill also would provide defendants with new procedural advantages once in federal court.

Earlier in the Congress, enactment appeared imminent. In June 2003, the House passed the bill after only a short debate. That October, Senate proponents nearly overcame a filibuster against proceeding to the bill, winning 59 of the necessary 60 votes. The sponsors subsequently agreed to several minor changes, and the bill won the publicly announced support of three Democratic senators who had previously voted against ending the filibuster.

Congress reconvened in January 2004 with a sure 62 votes for the bill--more than enough to defeat a filibuster and many more than the Senate majority needed to pass the bill. Still, ATLA persevered, lobbying hard on two tracks: first, to defeat the bill out-right; alternatively, to win the approval of key amendments.

On July 8, the long months of tireless effort paid off. Once again, the bill's proponents faced a filibuster against proceeding to the bill. This time, with the bill's managers indicating a refusal to allow senators to offer certain amendments, supporters won only 44 votes.

Only weeks remain in the 108th Congress, but there is enough time for proponents to try yet again. There's a real chance, though, that the Senate class action debate maybe over for 2004--if so, it's an object lesson in never giving up.