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Tort Reform 
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Tort reform bill introduced in Congress
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Smith
WASHINGTON (Legal Newsline) - Two Congressional Republicans have introduced a bill that introduces tougher penalties for those who file meritless lawsuits.

The Lawsuit Abuse Reduction Act of 2011 was introduced by Rep. Lamar Smith, R-Texas, and Sen. Chuck Grassley, R-Iowa, on Wednesday. Smith is the House Judiciary Committee chairman, and Grassley is the Senate Judiciary Committee ranking member.

The bill is designed to impose mandatory sanctions for lawyers who file meritless lawsuits in federal court.

"Lawsuit abuse has become too common in American society, partly because the lawyers who bring these cases have everything to gain and nothing to lose," Smith said. "Plaintiffs lawyers can file frivolous suits, no matter how absurd the claims, without any penalty.

"Meanwhile, defendants are faced with the choice of years of litigation, high court costs and attorneys fees or a settlement. Our legal system encourages frivolous lawsuits while defendants are left paying the price even when they are innocent."

The House Judiciary Committee Subcommittee on the Constitution was scheduled to hear testimony Friday. The bill is aimed at changing rules passed in 1993. Smith and Grassley say federal rules mandating sanctions for frivolous suits were watered down in 1993.

The bill reinstates mandatory sanctions for attorneys who file meritless suits and forces them to pay the defendant's attorneys fees and court costs. It also reverses a 1993 amendment that allowed parties and their attorneys to avoid sanctions for making frivolous claims by withdrawing them within 21 days after a motion for sanctions has been served.

From Legal Newsline: Reach John O'Brien by e-mail at jobrienwv@gmail.com.


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MORE NEWS HEADLINES:
+ Change coming to controversial Philly courts system - 2/16   read more
+ N.M. working on laws to limit lawsuits by future space travelers - 2/10   read more
+ Civil justice reform bills introduced in N.J. Legislature - 1/20   read more
+ Pa. House passes punitive damages limit - 1/18   read more
+ N.J. group opposes consumer contracts legislation - 12/20   read more
+ Good news, bad news for Texas in latest 'Hellhole' report - 12/15   read more
+ Ill. counties find themselves designated 'hellholes' - 12/15   read more
+ Positives don't outweigh negatives in W.Va., report says - 12/15   read more
+ Tort reform group has its eyes on Louisiana - 12/15   read more
+ Drug maker wants Pa. SC to rein in Philly court - 12/12   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Madison County asbestos litigation has billion-dollar impact - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
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