Lawsuit Abuse Reduction Act of 2004

Bill: 108-hr-4571
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2004-06-15 in the House
Policy area: Law
Subjects: Appellate procedure
Civil actions and liability
Civil procedure
Commerce
District courts
Frivolous lawsuits
Government Operations and Politics
Injunctions
Interstate commerce
Jurisdiction
Lawyers
Legal ethics
Legal fees
Obstruction of justice
Residence requirements
State courts
Torts

Summary:
action_date: 2004-06-15
text: 
Lawsuit Abuse Reduction Act of 2004 - Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.
 
Makes Rule 11 applicable to state civil actions where the court determines, upon motion, that the action affects interstate commerce.
 
Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.

action_date: 2004-09-13
text: 
Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.
 
(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.
 
(Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
 
(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.
 
(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

action_date: 2004-09-14
text: 

(This measure has not been amended since it was reported to the House on September 13, 2004. The summary of that version is repeated here.)

 
Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions.
 
(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action affects interstate commerce.
 
(Sec. 4) Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the injury occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
 
(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.
 
(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.


Legislative actions:
action_date: 2004-09-15
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2004-09-14
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-09-14
text: On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).
action_date: 2004-09-14
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).
action_date: 2004-09-14
text: On motion to recommit with instructions Failed by recorded vote: 196 - 211 (Roll no. 449). (text: CR H7118)
action_date: 2004-09-14
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7119)
action_date: 2004-09-14
text: DEBATE - The House proceeded with 10 minutes of debate on the DeLauro motion to recommit with instructions. The instructions contained in the motion seek to have the bill reported back to the House with an amendment that adds a new section stating that the provisions of the bill are not applicable to Benedict Arnold Corporations.
action_date: 2004-09-14
text: Ms. DeLauro moved to recommit with instructions to Judiciary. (consideration: CR H7118-7120; text: CR H7118)
action_date: 2004-09-14
text: DEBATE - Pursuant to the provisions of H. Res. 766, the House proceeded with 40 minutes of debate on the Turner (TX) amendment in the nature of a substitute.
action_date: 2004-09-14
text: DEBATE - The House proceeded with one hour of debate on H.R. 4571.
action_date: 2004-09-14
text: Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2004-09-14
text: Considered under the provisions of rule H. Res. 766. (consideration: CR H7098-7120; text of measure as reported in House: CR H7098-7099)
action_date: 2004-09-14
text: Rule H. Res. 766 passed House.
action_date: 2004-09-13
text: Rules Committee Resolution H. Res. 766 Reported to House. Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2004-09-13
text: Placed on the Union Calendar, Calendar No. 421.
action_date: 2004-09-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682.
action_date: 2004-09-13
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682.
action_date: 2004-09-08
text: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.
action_date: 2004-09-08
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-09-03
text: Subcommittee on Courts, the Internet, and Intellectual Property Discharged.
action_date: 2004-06-28
text: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
action_date: 2004-06-15
text: Referred to the House Committee on the Judiciary.
action_date: 2004-06-15
text: Introduced in House
action_date: 2004-06-15
text: Introduced in House