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| September 15, 2004 | Christopher Chichester
Press Secretary
202-225-4236
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Rep. Lamar Smith, R-San Antonio, today announced that the Lawsuit Abuse Reduction Act, legislation he authored that will reduce frivolous lawsuits, passed the House of Representatives. The bi-partisan vote was 229-174.
“Frivolous lawsuits bankrupt individuals, ruin reputations, drive up insurance premiums, increase health care costs, and put a drag on the economy,” said Rep. Smith. “Frivolous suits are brought when there is no evidence that shows negligence on the part of the defendant. These nuisance lawsuits make a mockery of our legal system.”
“The gaming of the system by a few lawyers drives up the cost of doing business and drives down the integrity of the judicial system. For example, the Chief Executive Officer of San Antonio’s Methodist Children’s Hospital was sued after he stepped into a patient’s hospital room and asked how he was doing. Of course, a jury cleared him of any wrongdoing,” stated Rep. Smith.
“Today almost any party can bring any suit in almost any jurisdiction. That’s because plaintiffs and their attorneys have nothing to lose. All they want is for the defendant to settle. This is legalized extortion. It is lawsuit lottery,” asserted Rep. Smith.
The Lawsuit Abuse Reduction Act (H.R. 4571) does the following:
* 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;
* Permits judges to order plaintiffs to reimburse reasonable litigation costs, including attorney’s fees;
* Reduces “court-friendly shopping” by requiring that plaintiffs in civil actions sue only where they live or were injured, or where the defendant's principal place of business is located.
* Mandates a 1-year suspension of a law license after a lawyer has filed 3 or more frivolous lawsuits in the same federal court.
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.
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Congressman Smith is the Chairman of Courts, the Internet and Intellectual Property Subcommittee of the House Judiciary Committee. Read more about Congressman Smith's positions on high technology.
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