Letters to the 108th Congress

March 11, 2003

The Honorable Orrin G. Hatch
Chairman
Committee on the Judiciary
United States Senate
Washington, DC 20510

Dear Mr. Chairman:

On February 10, 2003, the American Bar Association adopted ABA policy on federal class action legislation based on the recommendation and report of its Task Force on Class Action Legislation. The Task Force, composed of a diverse group of lawyers and judges with expertise in class actions, was appointed to study the issues related to the move toward directing large class action lawsuits into the federal courts instead of state courts.

Enclosed is the resolution adopted by the ABA's House of Delegates on February 10, which now constitutes the official policy of the ABA. Also enclosed for your information is the background report that the House of Delegates considered when it adopted the ABA policy; the report does not constitute ABA policy.

In over a year of study, the ABA's Task Force sought the expertise and advice of a wide range of organizations and individuals, holding two public meetings with testimony and comments from interested persons, organizations, and staff from congressional and other governmental entities.

The ABA recognizes that any proposal to add to federal subject-matter jurisdiction must be considered with great care. This is consistent with ABA policy that Congress should be encouraged to conserve the federal courts as a distinctive judicial forum of limited jurisdiction in our system of federalism and to exercise restraint in the enactment of new statutes that enlarge the jurisdiction of the federal courts, and that any such enlargement should only be undertaken to further clearly defined and justified interests.

The American Bar Association believes that some concerns over class action practice could be addressed with federal legislation providing for expanded federal court jurisdiction. Any expansion should preserve a balance between legitimate state-court interests and federal-court jurisdictional benefits. As reflected by the ABA policy statement, the Association has not taken a position on any specific measures. Rather, the Association has developed principles which it believes should be considered in the drafting of any legislation providing for expanded federal jurisdiction of class actions, and which do not conflict with or touch upon Congressionally enacted judicial rulemaking processes.

The ABA also believes that, when legislation is considered that may affect the federal courts, Congress should take into account the judicial impact of the proposed legislation, including any increased caseload and resulting costs for the federal courts; and in the event of any expanded federal jurisdiction over class actions, the ABA believes Congress should provide adequate resources to meet any added burden.

Thank you for considering the views of the ABA on this important matter.

Sincerely,

Alfred P. Carlton, Jr.

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