108TH CONGRESS
2D SESSION
H. R. 4571
AN ACT
To amend Rule 11 of the Federal Rules of Civil
Procedure to improve attorney accountability,
and for other purposes.
108TH CONGRESS
2D SESSION
H. R. 4571
AN ACT
To amend Rule 11 of the Federal Rules of Civil Procedure
to improve attorney accountability, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lawsuit Abuse Reduc-
tion Act of 2004’’.
SEC. 2. ATTORNEY ACCOUNTABILITY.
Rule 11 of the Federal Rules of Civil Procedure is
amended—
(1) in subdivision (c)—
(A) by amending the first sentence to read
as follows: ‘‘If a pleading, motion, or other
paper is signed in violation of this rule, the
court, upon motion or upon its own initiative,
shall impose upon the attorney, law firm, or
parties that have violated this subdivision or are
responsible for the violation, an appropriate
sanction, which may include an order to the
other party or parties to pay for the reasonable
expenses incurred as a direct result of the filing
of the pleading, motion, or other paper, that is
the subject of the violation, including a reason-
able attorney’s fee.’’;
(B) in paragraph (1)(A)—
(i) by striking ‘‘Rule 5’’ and all that
follows through ‘‘corrected.’’ and inserting
‘‘Rule 5.’’; and
(ii) by striking ‘‘the court may award’’
and inserting ‘‘the court shall award’’; and
(C) in paragraph (2), by striking ‘‘shall be
limited to what is sufficient’’ and all that fol-
lows through the end of the paragraph (includ-
ing subparagraphs (A) and (B)) and inserting
‘‘shall be sufficient to deter repetition of such
conduct or comparable conduct by others simi-
larly situated, and to compensate the parties
that were injured by such conduct. The sanc-
tion may consist of an order to pay to the party
or parties the amount of the reasonable ex-
penses incurred as a direct result of the filing
of the pleading, motion, or other paper that is
the subject of the violation, including a reason-
able attorney’s fee.’’; and
(2) by striking subdivision (d).
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AF-
FECTING INTERSTATE COMMERCE.
In any civil action in State court, the court, upon mo-
tion, shall determine within 30 days after the filing of such
motion whether the action affects interstate commerce.
Such court shall make such determination based on an
assessment of the costs to the interstate economy, includ-
ing the loss of jobs, were the relief requested granted. If
the court determines such action affects interstate com-
merce, the provisions of Rule 11 of the Federal Rules of
Civil Procedure shall apply to such action.
SEC. 4. PREVENTION OF FORUM-SHOPPING.
(a) IN GENERAL.—Subject to subsection (b), a per-
sonal injury claim filed in State or Federal court may be
filed only in the State and, within that State, in the county
(or Federal district) in which—
(1) the person bringing the claim, including an
estate in the case of a decedent and a parent or
guardian in the case of a minor or incompetent—
(A) resides at the time of filing; or
(B) resided at the time of the alleged in-
jury; or
(2) the alleged injury or circumstances giving
rise to the personal injury claim allegedly occurred;
or
(3) the defendant’s principal place of business
is located.
(b) 
DETERMINATION
OF
MOST
APPROPRIATE
FORUM.—If a person alleges that the injury or cir-
cumstances giving rise to the personal injury claim oc-
curred in more than one county (or Federal district), the
trial court shall determine which State and county (or
Federal district) is the most appropriate forum for the
claim. If the court determines that another forum would
be the most appropriate forum for a claim, the court shall
dismiss the claim. Any otherwise applicable statute of limi-
tations shall be tolled beginning on the date the claim was
filed and ending on the date the claim is dismissed under
this subsection.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘personal injury claim’’—
(A) means a civil action brought under
State law by any person to recover for a per-
son’s personal injury, illness, disease, death,
mental or emotional injury, risk of disease, or
other injury, or the costs of medical monitoring
or surveillance (to the extent such claims are
recognized under State law), including any de-
rivative action brought on behalf of any person
on whose injury or risk of injury the action is
based by any representative party, including a
spouse, parent, child, or other relative of such
person, a guardian, or an estate; and
(B) does not include a claim brought as a
class action.
(2) The term ‘‘person’’ means any individual,
corporation, company, association, firm, partnership,
society, joint stock company, or any other entity, but
not any governmental entity.
(2) may suspend that attorney from the prac-
tice of law in that Federal district court for any ad-
ditional period that the court considers appropriate.
(b) APPEAL; STAY.—An attorney has the right to ap-
peal a suspension under subsection (a). While such an ap-
peal is pending, the suspension shall be stayed.
(c) REINSTATEMENT.—To be reinstated to the prac-
tice of law in a Federal district court after completion of
a suspension under subsection (a), the attorney must first
petition the court for reinstatement under such procedures
and conditions as the court may prescribe.
SEC. 7. ENHANCED SANCTIONS FOR DOCUMENT DESTRUC-
TION.
(a) IN GENERAL.—Whoever willfully and inten-
tionally influences, obstructs, or impedes, or attempts to
influence, obstruct, or impede, a pending court proceeding
through the willful and intentional destruction of docu-
ments sought in, and highly relevant to, that proceeding
shall be punished with mandatory civil sanctions of a de-
gree commensurate with the civil sanctions available under
Rule 37 of the Federal Rules of Civil Procedure, in addi-
tion to any other civil sanctions that otherwise apply.
(b) APPLICABILITY.—This section applies to any
court proceeding in any Federal or State court.
Passed the House of Representatives September 14,
2004.
Attest:
Clerk.