H.R.1542 - Trade and Professional Association Free Flow of Information Act of 1997105th Congress (1997-1998)
Summary: H.R.1542 — 105th Congress (1997-1998)
Introduced in House (05/07/1997)
Trade and Professional Association Free Flow of Information Act of 1997 - Grants immunity from civil liability for acts done for the purpose of transmitting information among trade and professional associations and their members regarding product defects, quality, or performance, except to the extent such acts are proven by clear and convincing evidence to involve factual statements that are fraudulent, knowingly false, or made with reckless indifference to their truth or falsity.
Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding on the ground that the claim is based on or relates to an act that is immune from liability under this Act. Grants a party filing such motion the right to remove the case to Federal court.
Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified immunity of such associations from third-party discovery; (3) a special motion to quash a subpoena to enforce such immunity; (4) procedures with respect to a special motion to quash; (5) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving product defects, quality, or performance; and (6) preemption of State laws.