Lawsuit Abuse Reduction Act of 2015

Bill: 114-hr-758
Sponsor: full_name: Rep. Smith, Lamar [R-TX-21]
Introduced: 2015-02-05
Policy area: Law
Subjects: Civil actions and liability

Judicial procedure and administration

Lawyers and legal services

Legal fees and court costs
Latest action: action_date: 2015-09-21
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2015-02-05
action_desc: Introduced in House
text: <p><b>Lawsuit Abuse Reduction Act of 2015</b></p> <p>Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question.</p> <p>Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. </p> <p>Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.</p>

action_date: 2015-09-08
action_desc: Reported to House without amendment
text: <p>(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)</p> <p><b>Lawsuit Abuse Reduction Act of 2015</b></p> <p>(Sec. 2) Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question.</p> <p>Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. </p> <p>Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.</p>

action_date: 2015-09-17
action_desc: Passed House without amendment
text: <p>(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)</p> <p><b>Lawsuit Abuse Reduction Act of 2015</b></p> <p>(Sec. 2) Amends the sanctions provisions in Rule 11 of the Federal Rules of Civil Procedure to require the court to impose an appropriate sanction on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. Requires any sanction to compensate parties injured by the conduct in question.</p> <p>Removes a provision that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. </p> <p>Authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 758 IN THE HOUSE OF REPRESENTATIVES February 5, 2015 Mr. Smith of Texas (for himself, Mr. Goodlatte , Mr. Franks of Arizona , Mr. Farenthold , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2015 . 2. Attorney accountability (a) Sanctions under rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may and inserting shall ; (2) in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5. ; and (3) in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court. . (b) Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

tv_txt: IB 114th CONGRESS 1st Session H. R. 758 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2015 . 2. Attorney accountability (a) Sanctions under rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may and inserting shall ; (2) in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5. ; and (3) in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court. . (b) Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

Passed the House of Representatives September 17, 2015. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 187 114th CONGRESS 1st Session H. R. 758 [Report No. 114–246] IN THE HOUSE OF REPRESENTATIVES February 5, 2015 Mr. Smith of Texas (for himself, Mr. Goodlatte , Mr. Franks of Arizona , Mr. Farenthold , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary September 8, 2015 Additional sponsors: Mr. Chaffetz and Mr. Buck September 8, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2015 . 2. Attorney accountability (a) Sanctions under rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may and inserting shall ; (2) in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5. ; and (3) in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court. . (b) Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

September 8, 2015 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: IIB 114th CONGRESS 1st Session H. R. 758 IN THE SENATE OF THE UNITED STATES September 21, 2015 Received; read twice and referred to the Committee on the Judiciary AN ACT To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

1. Short title This Act may be cited as the Lawsuit Abuse Reduction Act of 2015 . 2. Attorney accountability (a) Sanctions under rule 11 Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) in paragraph (1), by striking may and inserting shall ; (2) in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5. ; and (3) in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court. . (b) Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

Passed the House of Representatives September 17, 2015. Karen L. Haas, Clerk