Congress 108 - HR 4571 - Lawsuit Abuse Reduction Act of 2004

Sponsor

Cosponsors

Topics

Appellate procedure Civil actions and liability Civil procedure Commerce District courts Frivolous lawsuits Government Operations and Politics Injunctions Interstate commerce Jurisdiction Law Lawyers Legal ethics Legal fees Obstruction of justice Residence requirements State courts Torts

Full Text

View Full Bill Text

Votes

Summary

(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.

Actions

Sep 15, 2004

Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Sep 14, 2004

Motion to reconsider laid on the table Agreed to without objection.
Sep 14, 2004

On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).
Sep 14, 2004

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).
Sep 14, 2004

On motion to recommit with instructions Failed by recorded vote: 196 - 211 (Roll no. 449). (text: CR H7118)
Sep 14, 2004

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7119)
Sep 14, 2004

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.
Sep 14, 2004

Ms. DeLauro moved to recommit with instructions to Judiciary. (consideration: CR H7118-7120; text: CR H7118)
Sep 14, 2004

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.
Sep 14, 2004

DEBATE - The House proceeded with one hour of debate on H.R. 4571.
Sep 14, 2004

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.
Sep 14, 2004

Considered under the provisions of rule H. Res. 766. (consideration: CR H7098-7120; text of measure as reported in House: CR H7098-7099)
Sep 14, 2004

Rule H. Res. 766 passed House.
Sep 13, 2004

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.
Sep 13, 2004

Placed on the Union Calendar, Calendar No. 421.
Sep 13, 2004

Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682.
Sep 8, 2004

Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.
Sep 8, 2004

Committee Consideration and Mark-up Session Held.
Sep 3, 2004

Subcommittee on Courts, the Internet, and Intellectual Property Discharged.
Jun 28, 2004

Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Jun 15, 2004

Referred to the House Committee on the Judiciary.
Jun 15, 2004

Introduced in House

Amendments

Related Bills