Stopping Harmful and Outrageous Torts Act

3A. Procedure

(a) Removal and dismissal

(1) In general. In any action before a State court in which a defendant that is a manufacturer, seller, or trade association asserts that the action is a qualified civil liability action, the manufacturer, seller, or trade association may remove the action to the district court of the United States for the district and division embracing the place where such action is pending.

(2) Jurisdiction

(A) In general. The district court shall have jurisdiction over an action described in paragraph (1) if the defendant seeking removal makes a colorable assertion that at least 1 of the claims is a qualified civil liability action.

(B) Supplemental jurisdiction. The district court may exercise supplemental jurisdiction over all other claims in the action that arise out of the same common nucleus of operative facts.

(3) Motion to dismiss. Upon determination by the district court that removal is proper, the defendant shall have 30 days to file a motion to dismiss.

(4) Discretion. The district court has the discretion to retain jurisdiction to resolve any remaining claims in the case even upon the dismissal of claims barred by the immunity granted by this Act if doing so comports with judicial economy, convenience, fairness to the parties, and comity.

(5) Review. An order remanding a case to the State court from which it was removed pursuant to this section shall be immediately reviewable on appeal.

(b) Pleading

(1) In general. A claim brought against a manufacturer or seller of a qualified product, or a trade association, premised on any of the exceptions listed in clauses (i) through (vi) of section 3(6)(A) shall plead with particularity the factual allegations providing the basis for the application of the exception, including those facts necessary to establish scienter and proximate cause.

(2) Exceptions. A claim brought against a manufacturer or seller of a qualified product, or a trade association, premised on an exception to the immunity granted in this Act shall allege particularized facts showing that the manufacturer or seller of a qualified product, or trade association, was the proximate cause of the damages alleged. The court shall determine whether the particularized facts alleged by the plaintiff suffice to establish proximate cause as a matter of law.

(c) Interlocutory appeals as of right. A defendant shall have the right to take an immediate interlocutory appeal of an order, denying a motion to dismiss based on any provision of this Act.

(d) Attorney’s fees for prevailing defendants. A defendant who prevails in asserting the immunity granted in this Act shall be entitled to reasonable attorney’s fees and court costs.