Responsive and Efficient Appeals Courts for Heroes Act of 2014 - Authorizes the Court of Appeals for Veterans Claims, acting as a panel or en banc, to hear class action appeals in accordance with specified procedures.
Allows one or more appellants to bring such a class action as the representative party on behalf of all members of such class if:
Gives an appellant 60 days after filing an appeal to file a motion with the Court to certify the appeal as a class action with respect to an issue that the appellant intends to raise. Allows the Court to waive such 60-day period for good cause shown.
Requires the Secretary of Veterans Affairs (VA), upon the filing of such motion, to: (1) make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought, and (2) file a response.
Requires the Court, after the Secretary has filed such response, to determine by order whether to grant class certification with respect to an issue considered under the appeal and allow the appellant to act as the representative party of the class. Requires that order, if certification is granted, to: (1) define the class and issue for which the class is certified, and (2) appoint counsel for the class. Authorizes the Court, acting as a panel or en banc, to alter or amend an order before final judgement.
Requires the Court to include in the class only individuals who have, as of the date of the Court's entry of judgment on the class action, filed a claim that has not been finally resolved.
Allows the Court to stay the individual claims of class members during the period the Court is considering the class action.
Requires the Court to allow a veterans' organization to intervene in a class action appeal if the organization has an interest in the common questions of law or fact in the class action.
Requires the Court's permission before the appeal and a common issue of law or fact may be settled, voluntarily dismissed, compromised, or remanded by agreement.
Allows any member of the class, or an individual who would have been a member of the class if certification was granted, to appeal any decision of the Court to the U.S. Court of Appeals for the Federal Circuit.
Sets the salary of the Court's judges at the rate applicable to federal appellate court judges. (Currently, their salary is set at the rate applicable to federal district court judges.)
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5088 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5088
To amend title 38, United States Code, to establish procedures for
class actions at the Court of Appeals for Veterans Claims, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2014
Mr. Murphy of Florida (for himself and Mr. Jolly) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish procedures for
class actions at the Court of Appeals for Veterans Claims, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsive and Efficient Appeals
Courts for Heroes Act of 2014''.
SEC. 2. CLASS ACTIONS BEFORE COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Authority for Court of Appeals for Veterans Claims To Hear
Class Actions.--Subchapter II of chapter 72 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 7270. Class actions
``(a) In General.--The Court, acting as a panel or en banc, may
hear class action appeals in accordance with this section.
``(b) Prerequisites.--One or more appellants may bring an action
under this chapter as the representative party of a class on behalf of
all members of the class only if the following criteria are met:
``(1) There is at least one question of law or fact common
to the class.
``(2) The class is likely to consist of at least 50
members.
``(3) The resolution of the common questions of law or fact
is likely to have a material effect on the claims of the
members of the class (including with respect to the process by
which such claims are adjudicated).
``(4) The representative party will fairly and adequately
protect the interests of the class.
``(c) Certification Procedure.--(1) Not later than 60 days after
the date on which an appellant has filed an appeal, the appellant may
file a motion with the Court to certify the appeal as a class action
with respect to an issue that the appellant intends to raise on appeal.
Such motion shall address the prerequisites under subsection (b),
including by defining the class described in paragraph (2) of such
subsection. The Court may waive such 60-day period for good cause
shown, including with respect to instances where the appellant
determined the appropriateness of the class action procedure as a
result of the pleadings filed in the appeal after the filling of the
notice of appeal.
``(2)(A) Upon the filing of a motion under paragraph (1), the
Secretary shall--
``(i) make reasonable efforts to determine the approximate
number of individuals with pending claims for benefits for whom
class certification is sought under such motion; and
``(ii) file a response to such motion that--
``(I) includes the approximate number of
individuals determined under subparagraph (A),
including the efforts made by the Secretary to carry
out such subparagraph (A); and
``(II) addresses the prerequisites under subsection
(b).
``(B) The appellant may file a response to the response of the
Secretary under subparagraph (A).
``(3) At an early practicable time after an appellant has filed a
motion under paragraph (1) to certify the appeal as a class action and
the Secretary has filed a response under paragraph (2)(A), the Court,
acting as a panel or en banc, shall determine by order whether to grant
class certification with respect to an issue considered under the
appeal and allow the appellant to act as the representative party of
the class. Such order shall--
``(A) address the prerequisites under subsection (b); and
``(B) if such class certification is granted under the
order--
``(i) define, with specificity, the class and issue
for which the class is certified; and
``(ii) appoint counsel for the class under
subsection (e).
``(4) The Court, acting as a panel or en banc, may alter or amend
an order issued under this section before final judgment as justice so
requires.
``(5) An order granting class action under paragraph (3) shall
direct the Secretary to notify members of the class who are reasonably
identifiable in a form the Court determines practicable. Such notice
shall state clearly, concisely, and in plain language--
``(A) a definition of the class certified;
``(B) a statement of the common questions of law or fact
that will be subject to resolution by the Court on a class
basis;
``(C) that a member of the class may enter an appearance
through an attorney or nonattorney practitioner if the member
so desires but such action is not necessary;
``(D) any other matters the Court determines appropriate.
``(6) In determining the class under paragraph (3), the Court may
only include individuals who have, as of the date of the entry of
judgment of the Court on the class action, filed a claim and such claim
has not been finally resolved, including any appeals from a denial of
such claim.
``(7) Any judgment in a class action (whether favorable or
unfavorable to the class) shall include a description of the issue
decided, the resolution of the issue, and the individual to whom notice
of the certification of the action was directed.
``(d) Conduct of Appeal.--(1) In hearing a class action, the Court
may issue such orders as are necessary for the efficient and fair
resolution of the action, including with respect to--
``(A) the determination of the manner in which proceedings
will be conducted in order to advance the resolution of the
common questions of law or fact;
``(B) whether additional notices should be made to members
of the class concerning the status of the appeal or any other
matter the Court determines appropriate;
``(C) whether the individual claims of members of the class
should be stayed pursuant to paragraph (2) or any other orders
the Court determines appropriate with respect to the
maintenance of such individuals claims; and
``(D) any other matter the Court determines appropriate.
``(2) The Court may stay, in whole or in part, the individual
claims of members of the class, including on a case-by-case basis,
during the period in which the Court is considering the class action.
In determining whether to issue such a stay, the Court shall consider--
``(A) the views of the parties;
``(B) whether issuance of such a stay would be likely to
decrease the time that members of the class, the
representatives of the class, and the Secretary would have to
expend on the individual claims subject to the stay; and
``(C) whether such a stay is in the interests of justice in
order to preserve the right of the members of the class to
benefit from a favorable resolution of the common questions of
law or fact by eliminating the possibility that individual
claims would be finally denied during the pendency of the class
action.
``(e) Class Counsel.--(1) If the Court certifies a class action,
the Court shall appoint counsel to represent the members of the class.
Regardless of the number of applicants to serve as such a class
counsel, in appointing such class counsel, the Court shall consider the
following matters:
``(A) The work counsel has done in identifying and
preparing for adjudication of the common questions of law or
fact of the class action.
``(B) The experience of counsel in and knowledge of the law
concerning benefits administered under this title.
``(C) The general experience of counsel in appellate
litigation.
``(D) The record of the counsel for professionalism.
``(E) The resources that counsel will commit to
representing the class.
``(F) If an attorney, whether the counsel is a member of a
bar of a State in good standing.
``(G) Such other factors pertinent to the ability of
counsel to fairly and adequately represent the interests of the
class.
``(2) The Court may appoint an interim class counsel if the Court
determines such appointment necessary to protect the interests of the
class during the period preceding an appointment under paragraph (1).
``(3) Class counsel appointed under paragraph (1) or (2), and co-
counsel appointed under paragraph (4), shall fairly and adequately
represent the interests of the class at all times.
``(4) If the Court determines that there is more than one applicant
who is qualified under paragraph (1) to serve as class counsel, the
Court shall appoint the counsel whom the Court determines is best able
to represent the interests of the class. Counsel appointed under this
subsection may be counsel to an organization permitted to intervene
under subsection (f) if such counsel meets the requirements of
paragraph (1).
``(f) Intervention.--An organization named in or approved under
section 5902 of this title may seek leave to intervene in a class
action appeal. Such organization may seek to intervene during the
period beginning on the date on which the motion is filed under
paragraph (1) of subsection (b) and ending on the date that is 60 days
after the date on which the Court grants class certification under
paragraph (3) of such section. The Court shall grant intervention if
the organization has an interest in the common questions of law or fact
in the class action but may limit the intervention to specific matters
determined appropriate by the Court. The Court may issue such other
orders concerning the conduct of an intervenor as the Court determines
necessary for the fair and efficient resolution of the class action.
``(g) Settlement, Voluntary Dismissal, Compromise, or Agreed Upon
Remand.--The appeal of the appellant and a common issue of law or fact
in a class action may be settled, voluntarily dismissed, compromised,
or remanded by agreement only with the permission of the Court. The
following procedures apply to a proposed settlement, voluntary
dismissal, compromise, or agreed upon remand:
``(1) The Court shall direct notice to all members of the
class who are reasonably identifiable and would be bound or
affected by the proposal to settle, dismiss, compromise, or
remand the matter.
``(2) If the proposal to settle, dismiss, compromise, or
remand the matter would bind a member of the class, the Court
may approve such proposal only after a hearing, for which
notice is provided to the class, and on findings that such
proposal is fair, reasonable, and adequate.
``(3) The parties seeing approval of a proposal to settle,
dismiss, compromise, or remand the matter shall file a
statement with the Court identifying any agreement made in
connection with such proposal.
``(4) Any member of the class may object to the proposal to
settle, dismiss, compromise, or remand the matter under any
reasonable means the Court establishes for such objections and
such objection may only be withdrawn with the permission of the
Court.
``(h) Attorneys' Fees and Costs.--Counsel appointed under
subsection (e) to represent the class, and counsel for an intervenor
under subsection (f), may seek an award of fees and costs under section
2412 of title 28. Nothing in this section shall affect any right of
initial counsel for the representative party from also seeking an award
of fees under such section.
``(i) Appeals.--Any member of the class, or individual who would be
a member of the class if class certification was granted under
subsection (c)(3), may appeal any decision of the Court issued under
this section, including an order granting or denying class
certification, under the terms set forth in section 7292 of this title.
The United States Court of Appeals for the Federal Circuit shall have
exclusive jurisdiction to review and decide any such appeal and the
provisions of subsections (d)(1) and (e) of section 7292 of this title
shall be applicable to such appeal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7269 the following new item:
``7270. Class actions.''.
SEC. 3. SALARY OF JUDGES OF COURT OF APPEALS FOR VETERANS CLAIMS.
Section 7253(e) of title 38, United States Code, is amended by
striking ``district courts'' and inserting ``courts of appeals''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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