House Passes Tort Reform Bill
Wednesday, September 15th, 2004 Legislation & Regulation LiabilityToday, by a vote of 229-174, the House of Representatives favorably approved H.R. 4571, the Lawsuit Abuse Reduction Act of 2004. H.R. 4571 would amend Rule 11 of the Federal Rules of Civil Procedure to penalize attorneys who file frivolous lawsuits. The legislation also limits forum shopping by restricting plaintiffs to file lawsuits only in the jurisdiction where the plaintiff was injured, where the plaintiff resides, or the jurisdiction in which the defendant’s company is domiciled. The bill was introduced in June by Rep. Lamar Smith (R-Texas) and currently has 24 co-sponsors. An amendment, in the nature of a substitute, offered by Rep. Jim Turner (D-Texas) failed by a vote of 177 yeas and 226 opposed. The “Three Strikes and You’re Out” amendment would impose mandatory sanctions on attorneys that file frivolous pleadings or engage in frivolous conduct during discovery.
