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Bill108th CongressFiled Jun 15, 2004Law
H.R. 4571

Lawsuit Abuse Reduction Act of 2004

Bill journey · stage 2 of 5

Under committee review

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What it doesSummary passed house amended (Sep 14, 2004)

(This measure has not been amended since it was reported to the House on September 13, 2004. The summary of that version is repeated here.)

Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure 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.

(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action 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 injury 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.

(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.

(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

What just happenedSep 15, 2004

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
31 cosponsors31 R
Read on Congress.gov
31cosponsors2committees24actions2amendments1related bills18subjects
  1. Sep 15, 2004IntroReferral

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

    Judiciary Committee
  2. Sep 14, 2004FloorH38310

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

  3. Sep 14, 2004FloorH37100

    On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).

  4. Sep 14, 2004Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 229 - 174 (Roll no. 450).

  5. Sep 14, 2004FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 196 - 211 (Roll no. 449). (text: CR H7118)

    Judiciary Committee
  6. Sep 14, 2004FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7119)

  7. Sep 14, 2004FloorH8D000

    DEBATE - The House proceeded with 10 minutes of debate on the DeLauro motion to recommit with instructions. The instructions contained in the motion seek to have the bill reported back to the House with an amendment that adds a new section stating that the provisions of the bill are not applicable to Benedict Arnold Corporations.

  8. Sep 14, 2004FloorH36100

    Ms. DeLauro moved to recommit with instructions to Judiciary. (consideration: CR H7118-7120; text: CR H7118)

    Judiciary Committee
  9. Sep 14, 2004FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 766, the House proceeded with 40 minutes of debate on the Turner (TX) amendment in the nature of a substitute.

  10. Sep 14, 2004FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 4571.

  11. Sep 14, 2004FloorH8D000

    Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.

  12. Sep 14, 2004FloorH30000

    Considered under the provisions of rule H. Res. 766. (consideration: CR H7098-7120; text of measure as reported in House: CR H7098-7099)

  13. Sep 14, 2004FloorH1L220

    Rule H. Res. 766 passed House.

  14. Sep 13, 2004FloorH1L210

    Rules Committee Resolution H. Res. 766 Reported to House. Rule provides for consideration of H.R. 4571 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment in the nature of a substitute recommended by the Committee on the Juciciary now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.

  15. Sep 13, 2004CalendarsH12410

    Placed on the Union Calendar, Calendar No. 421.

  16. Sep 13, 2004CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682.

    Judiciary Committee
  17. Sep 13, 2004Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 108-682.

    Judiciary Committee
  18. Sep 8, 2004CommitteeH19000

    Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 10.

    Judiciary Committee
  19. Sep 8, 2004CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  20. Sep 3, 2004CommitteeH25000

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

    Judiciary Committee
  21. Jun 28, 2004CommitteeH11000

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

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  22. Jun 15, 2004IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  23. Jun 15, 2004IntroReferralIntro-H

    Introduced in House

  24. Jun 15, 2004IntroReferral1000

    Introduced in House

Passed House amendedSep 14, 200436

(This measure has not been amended since it was reported to the House on September 13, 2004. The summary of that version is repeated here.)

Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure 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.

(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action 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 injury 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.

(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.

(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

Reported to House with amendment(s)Sep 13, 200417

Lawsuit Abuse Reduction Act of 2004 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure 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.

(Sec. 3) Makes Rule 11 applicable to State civil actions where the court determines, upon motion, that the action 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 injury 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.

(Sec. 6) Requires a mandatory one-year suspension for attorneys determined by a Federal district court to have violated Rule 11 three or more times in that court during the attorney's career. Authorizes the court to suspend such attorneys for an additional period as the court considers appropriate. Gives suspended attorneys the right to appeal and stays suspensions pending appeal. Requires suspended attorneys to petition the court for reinstatement under procedures and conditions prescribed by the court.

(Sec. 7) Imposes civil sanctions commensurate with those sanctions available under Rule 37 of the Federal Rules of Civil Procedure, in addition to other available civil sanctions, for willfully and intentionally influencing, obstructing, or impeding a pending court proceeding (or attempting to do the same) through the willful and intentional destruction of documents sought in and highly relevant to that proceeding. Makes such sanctions applicable to both Federal and State court proceedings.

Introduced in HouseJun 15, 200400

Lawsuit Abuse Reduction Act of 2004 - Amends Rule 11 of the Federal Rules of Civil Procedure 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 injury 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.