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US House passes frivolous lawsuit bill

by Del McMullen / September 14, 2004 7:34 AM PDT

Wanna bet that Kerry's running mate will stonewall this in the US Senate ?

This from my representative in the US House, via e-mail.

WASHINGTON, D.C.-The U.S. House of Representatives passed H.R. 4571, the Lawsuit Abuse Reduction Act of 2004, by a vote of 229 to 174.

The Lawsuit Abuse Reduction Act (LARA) will:

o Restore mandatory sanctions for filing frivolous lawsuits in violation of Rule 11 of the Federal Rules of Civil Procedure, requiring monetary sanctions against any party making a frivolous claim, including attorneys' fees and compensatory costs;

o Abolish Rule 11's current "free pass" provision which allows lawyers to avoid sanctions for making frivolous claims by simply withdrawing frivolous claims within 21 days after a motion for sanctions has been filed;

o Restore the opportunity for sanctions for abuses of the discovery process (the process by which lawyers on each side of a case request information from the other side prior to trial);

o Allow Rule 11's provisions preventing frivolous lawsuits to apply to state cases in which a state judge finds the case affects interstate commerce by threatening jobs and economic losses to other states; and

o Prevent "forum shopping" (the notorious practice by which personal injury attorneys cherry-pick courts and bring lawsuits in jurisdictions that consistently hand down astronomical awards, even when the case has little or no connection to the state or locality) by requiring that personal injury cases be brought only

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Re: US House passes frivolous lawsuit bill
by James Denison / September 14, 2004 8:11 AM PDT
"Civil rights claims are exempted from the House plan."

Why?

I guess they still get to shop around for the most appropriate place to rip someone off with their "civil" lawsuits. Hypocrisy rears it's ugly head again for special rights (as opposed to "civil" rights) by Congressional legislation.
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Will Edwards think he can get away with it? If the media
by Kiddpeat / September 14, 2004 2:11 PM PDT

look the other way, he'll probably give it a try.

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