FAIR Trucking Act
The FAIR Trucking Act (H.R. 5268) would expand federal court jurisdiction under 28 U.S.C. § 1332 to cover highway accident actions involving interstate commercial motor carriers. Specifically, it creates a new basis for federal jurisdiction when a civil action alleges bodily harm or death from a trucking incident on public roads in interstate commerce, with more than $5 million in controversy, and with some cross-state or foreign-party diversity among the plaintiffs and defendants. The bill would insert a new subsection (e) into § 1332 (and redesignate the existing subsection (e) as (f)), and would define how to determine plaintiffs’ citizenship and how to treat the citizenship of unincorporated associations. The aim is to route significant trucking accident cases to federal courts, potentially increasing uniformity in large-damage cases involving interstate trucking. In summary, the act would move large, interstate trucking crash lawsuits with substantial damages into federal court if certain diversity conditions are met, changing the current balance of where these cases can be heard and raising questions about the standard for “diversity” in such actions.
Key Points
- 1New federal jurisdiction standard: Federal courts would have original jurisdiction over highway accident actions against interstate motor carriers when bodily harm or death is involved, the amount in controversy exceeds $5,000,000 (exclusive of interest and costs), and the case meets specified party-diversity conditions.
- 2Diversity criteria described: The action must involve at least one plaintiff who is a citizen of a state different from at least one defendant, or involve foreign-state or foreign-citizen parties in specified configurations. This is a looser articulation of diversity than the traditional “complete diversity” standard.
- 3Definitions and timing for citizenship: The bill specifies how to determine plaintiffs’ citizenship (as of the filing date, or as of the date an amended pleading indicates federal jurisdiction) and provides rules for determining citizenship when plaintiffs are unincorporated associations.
- 4Scope of vehicles and conduct: The action must involve one or more commercial motor vehicles as defined in 49 U.S.C. § 31101, on a public road and in interstate commerce.
- 5Structural change to § 1332: The new subsection is placed after (d) as (e), with the former (e) renumbered to (f). It works alongside existing federal diversity rules rather than replacing them entirely.