119-HR5268

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5268

1. Short title
2. Federal district court jurisdiction for highway accident actions against interstate motor carriers

1. Short title

This Act may be cited as the "Forum Accountability and Integrity in Roadway Trucking Act" or the "FAIR Trucking Act".

2. Federal district court jurisdiction for highway accident actions against interstate motor carriers

(a) Application of Federal jurisdiction - Section 1332 of title 28, United States Code, is amended—

(1) - by redesignating subsection (e) as subsection (f); and

(2) - by inserting after subsection (d) the following:

(e) -

(1) - The district courts shall have original jurisdiction of any civil action—

(A) - alleging bodily harm or loss of life involving one or more commercial motor vehicles, as defined in section 31101 of title 49, operating on a public road in interstate commerce;

(B) - in which the matter in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs; and

(C) - is a civil action in which—

(i) - any plaintiff is a citizen of a State different from any defendant;

(ii) - any plaintiff is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or

(iii) - any plaintiff is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.

(2) - Citizenship of plaintiffs shall be determined for purposes of paragraph (1) as of the date of filing of the complaint or amended complaint, or, if the case stated by the initial pleading is not subject to Federal jurisdiction, as of the date of service by plaintiffs of an amended pleading, motion, or other paper, indicating the existence of Federal jurisdiction.

(3) - For purposes of this subsection, an unincorporated association shall be deemed to be a citizen of the State where it has its principal place of business and the State under whose laws it is organized.