United States 113th Congress Status: Died 1 D cosponsors

HR 5088 — Responsive and Efficient Appeals Courts for Heroes Act of 2014

Last action — Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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: there is at least one question of law or fact common to the class, the class is likely to consist of at least 50 members, 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, and the representative party will fairly and adequately protect the interests of the class. 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.)

Bill Text

We don't have the full text on file for this bill yet.

Read HR 5088 on the official United States source →

Action History

  1. Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

  2. Referred to the House Committee on Veterans' Affairs.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 5088 do?
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: there is at least one question of law or fact common to the class, the class is likely to consist of at least 50 members, 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, and the representative party will fairly and adequately protect the interests of the class. 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.)
Who sponsors HR 5088?
HR 5088 is sponsored by Patrick Murphy (Democrat).
What is the current status of HR 5088?
This bill died with 113th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 5088?
Track HR 5088 free on One Click Politics — get push/email alerts when it moves.

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