Lawsuit Abuse Reduction Act of 2017

Bill: 115-s-237
Sponsor: full_name: Sen. Grassley, Chuck [R-IA]
Introduced: 2017-01-30
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: 2017-11-08
text: Committee on the Judiciary. Hearings held.

Summaries:
action_date: 2017-01-30
action_desc: Introduced in Senate
text: <p><b>Lawsuit Abuse Reduction Act of</b> <b>2017</b></p> <p>This bill 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. Any sanction must compensate parties injured by the conduct in question.</p> <p>The bill 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that prohibits filing a motion for sanctions if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets.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>Courts may impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.</p>

tv_txt: II 115th CONGRESS 1st Session S. 237 IN THE SENATE OF THE UNITED STATES January 30, 2017 Mr. Grassley (for himself and Mr. Rubio ) introduced the following bill; which was read twice and 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 2017 . 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.