Lawsuit Abuse Reduction Act of 2005 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) 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; and (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits.
(Sec. 3) Makes Rule 11 applicable to state civil actions where the state court determines, upon motion, that an action substantially affects interstate commerce.
(Sec. 4) Requires personal injury claims (defined to exclude class actions and personal injury claims brought against a debtor in bankruptcy proceedings) 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 Claim occurred; (3) the defendant's principal place of business is located; or (4) the defendant resides, if the defendant is an individual. 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 federal district court to suspend from the practice of law for one year (or for an additional period at the court's discretion) an attorney who is found to have violated Rule 11 three or more times. Grants such attorney a right to appeal a suspension and permits reinstatement after suspension under procedures and conditions prescribed by the court.
(Sec. 7) Establishes a rebuttable presumption that an attempt to litigate, in any forum, a claim or defense involving the same plaintiff and defendant that has been litigated and lost on three consecutive prior occasions is a Rule 11 violation.
(Sec. 8) Imposes additional sanctions for the willful and intentional destruction of documents sought pursuant to the rules of, and highly relevant to, a federal court proceeding.
(Sec. 9) Requires public disclosure of the record of a Rule 11 proceeding unless the presiding judge determines that the interest justifying nondisclosure of the record outweighs any public health and safety interests served by disclosure. Exempts from disclosure records subject to the attorney-client or other recognized privilege, or state or federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 420 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 420
To amend Rule 11 of the Federal Rules of Civil Procedure to improve
attorney accountability, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2005
Mr. Smith of Texas (for himself, Mr. DeLay, Mr. Chabot, Mr. Paul, Mr.
Green of Wisconsin, Mr. Herger, Mr. Keller, Mr. King of Iowa, Mr.
Shays, Mr. Cannon, Mr. Brady of Texas, Mr. Norwood, Mr. Neugebauer, Mr.
Chocola, Mr. Miller of Florida, Mr. Feeney, Mr. Forbes, Mr. Gary G.
Miller of California, Mr. Culberson, Mr. Garrett of New Jersey, Mr.
Leach, Mr. Kline, Mr. Gallegly, Mr. Otter, Mr. Jones of North Carolina,
Mr. Kennedy of Minnesota, Mrs. Myrick, Mr. McCaul of Texas, Mr.
Boozman, Mr. Franks of Arizona, Mr. Sensenbrenner, Mr. Goodlatte, Mr.
Ferguson, Mr. Wilson of South Carolina, Mr. Bradley of New Hampshire,
Mr. Calvert, Mr. Fortuno, Mr. Kirk, and Mrs. Jo Ann Davis of Virginia)
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawsuit Abuse Reduction Act of
2005''.
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 reasonable
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 follows
through the end of the paragraph (including
subparagraphs (A) and (B)) and inserting ``shall be
sufficient to deter repetition of such conduct or
comparable conduct by others similarly situated, and to
compensate the parties that were injured by such
conduct. The sanction may consist of an order to pay to
the party or parties the amount of 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 reasonable
attorney's fee.''; and
(2) by striking subdivision (d).
SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE
COMMERCE.
In any civil action in State court, the court, upon motion, 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, including the loss of jobs, were the relief requested granted.
If the court determines such action affects interstate commerce, 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 personal 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 injury; 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 circumstances giving rise to the personal injury
claim occurred 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
limitations 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 person'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
derivative 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.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and any other territory or possession of the
United States.
(d) Applicability.--This section applies to any personal injury
claim filed in Federal or State court on or after the date of the
enactment of this Act.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in section 3 or in the amendments made by section 2 shall
be construed to bar or impede the assertion or development of new
claims or remedies under Federal, State, or local civil rights law.
<all>
Rules Committee Resolution H. Res. 508 Reported to House. Rule provides for consideration of H.R. 420 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Rule H. Res. 508 passed House.
Considered under the provisions of rule H. Res. 508. (consideration: CR H9312-9329)
Rule provides for consideration of H.R. 420 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 508 and Rule XVIII.
The Speaker designated the Honorable Tom Latham to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 420.
DEBATE - Pursuant to H. Res. 508, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment.
DEBATE - Pursuant to H. Res. 508, the Committee of the Whole proceeded with 40 minutes of debate on the Schiff amendment in the nature of a substitute.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 420.
The previous question was ordered pursuant to the rule. (consideration: CR H9327)
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9319)
Mr. Barrow moved to recommit with instructions to Judiciary.
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Barrow motion to recommit.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 196 - 217 (Roll no. 552). (consideration: CR H9327-9329; text: CR H9327)
Roll Call #552 (House)Passed/agreed to in House: On passage Passed by recorded vote: 228 - 184 (Roll no. 553).
Roll Call #553 (House)Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 228 - 184 (Roll no. 553).
Roll Call #553 (House)Received in the Senate and Read twice and referred to the Committee on the Judiciary.