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Bill109th CongressFiled Jan 26, 2005Law
H.R. 420

Lawsuit Abuse Reduction Act of 2005

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Oct 27, 2005)

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.

What just happenedOct 31, 2005

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Smith, Lamar [R-TX-21](R-TX)Sponsor
57 cosponsors57 R
Read on Congress.gov
57cosponsors2committees31actions2amendments1related bills17subjects
  1. Oct 31, 2005IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Oct 27, 2005FloorH37100

    On passage Passed by recorded vote: 228 - 184 (Roll no. 553).

  3. Oct 27, 2005FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Oct 27, 2005Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 228 - 184 (Roll no. 553).

  5. Oct 27, 2005FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 196 - 217 (Roll no. 552). (consideration: CR H9327-9329; text: CR H9327)

    Judiciary Committee
  6. Oct 27, 2005FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  7. Oct 27, 2005FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Barrow motion to recommit.

  8. Oct 27, 2005FloorH36100

    Mr. Barrow moved to recommit with instructions to Judiciary.

    Judiciary Committee
  9. Oct 27, 2005FloorH34400

    The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9319)

  10. Oct 27, 2005FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H9327)

  11. Oct 27, 2005FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 420.

  12. Oct 27, 2005FloorH8D000

    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.

  13. Oct 27, 2005FloorH8D000

    DEBATE - Pursuant to H. Res. 508, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment.

  14. Oct 27, 2005FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 420.

  15. Oct 27, 2005FloorH32400

    The Speaker designated the Honorable Tom Latham to act as Chairman of the Committee.

  16. Oct 27, 2005FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 508 and Rule XVIII.

  17. Oct 27, 2005FloorH8D000

    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.

  18. Oct 27, 2005FloorH30000

    Considered under the provisions of rule H. Res. 508. (consideration: CR H9312-9329)

  19. Oct 27, 2005FloorH1L220

    Rule H. Res. 508 passed House.

  20. Oct 25, 2005FloorH1L210

    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.

  21. Jun 14, 2005CalendarsH12410

    Placed on the Union Calendar, Calendar No. 69.

  22. Jun 14, 2005CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-123.

    Judiciary Committee
  23. Jun 14, 2005Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 109-123.

    Judiciary Committee
  24. May 25, 2005CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.

    Judiciary Committee
  25. May 25, 2005CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  26. May 20, 2005CommitteeH25000

    Subcommittee on Courts, the Internet, and Intellectual Property Discharged.

    Judiciary Committee
  27. Mar 2, 2005CommitteeH11000

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

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  28. Feb 16, 2005IntroReferralB00100

    Sponsor introductory remarks on measure. (CR H633-634)

  29. Jan 26, 2005IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  30. Jan 26, 2005IntroReferralIntro-H

    Introduced in House

  31. Jan 26, 2005IntroReferral1000

    Introduced in House

Passed House amendedOct 27, 200536

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.

Reported to House with amendment(s)Jun 14, 200517

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) 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, an issue that has been previously litigated and lost on three consecutive prior occasions is a Rule 11 violation.

(Sec. 8) Imposes additional sanctions for the intentional destruction of documents sought in, and highly relevant to, a court proceeding.

Introduced in HouseJan 26, 200500

Lawsuit Abuse Reduction Act of 2005 - 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; (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.

Makes Rule 11 applicable to state civil actions where the court determines, upon motion, that the action affects interstate commerce.

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 claim 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.