lamarsmith.house.gov

Lamar Smith
Contact: Christopher Chichester 202-225-4236


Smith Introduces Legislation to Reduce Frivolous Lawsuits

Washington, Jun 15 -

Rep. Lamar Smith, R-San Antonio, today introduced the Lawsuit Abuse Reduction Act, legislation that requires federal judges to sanction plaintiffs and attorneys who file frivolous lawsuits.

“The law currently makes a mockery of our legal system. It allows a party to bring a suit in practically any jurisdiction for any reason - without regard to the facts and without regard to the harmful impact on the targeted parties. That’s because plaintiffs and their attorneys have nothing to lose,” stated Rep. Smith.

“Defendants, on the other hand, can lose their businesses, careers, and their reputations,” observed Rep. Smith. “In short, they can lose everything.”

“Some Americans have filed lawsuits for reasons that can only be described as absurd. They sue a theme park because its haunted houses are too scary. They sue the Weather Channel for an inaccurate forecast. They sue a Little League baseball coach because one of his players was injured trying to catch a fly ball. And they sue McDonalds claiming a hot pickle dropped from a hamburger caused a burn and mental injury. Our national motto might as well be: If you perceive a wrong, file a lawsuit,” said Rep. Smith.

The Lawsuit Abuse Reduction Act discourages frivolous lawsuits by reinstating several important provisions to Rule 11 of the Federal Rules of Civil Procedure that were changed in 1993. The bill:

* Makes sanctions against attorneys or parties who file frivolous lawsuits mandatory rather than discretionary;

* Removes a "safe harbor" provision that allows plaintiffs and their attorneys to avoid sanctions for frivolous suits by withdrawing them within 21 days;

* Allows sanctions for frivolous or harassing conduct during discovery, which is the phase of litigation where parties disclose documents;

* Permits judges to order plaintiffs to reimburse reasonable litigation costs, including attorney’s fees;

* Extends Rule 11 sanctions to state cases that affect interstate commerce; and

* Reduces “court-friendly shopping” by requiring that plaintiffs in civil tort actions sue only where they live or were injured, or where the defendant`s principal place of business is located.

Smith noted the current tort system costs America $200 billion each year, which has led to lower wages and higher product prices.

Rep. Smith is co-Chairman of the House Working Group on Judicial Accountability, which seeks to educate Members of Congress and the public about judicial abuse issues.