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S 836 105th Congress Senate

Small Business Lawsuit Abuse Protection Act of 1997

Official title: A bill to offer small businesses certain protections from litigation excesses.

Introduced: June 5, 1997 See on congress.gov
Law AlcoholismCivil Rights and Liberties, Minority IssuesCommerceCrime and Law Enforcement
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Drug abuseEvidence (Law)Federal preemptionGovernment Operations and PoliticsHate crimesInternational AffairsLiability (Law)NegligencePunitive damagesSex crimesSmall businessState lawsTerrorismViolence
This bill died when the 105th Congress ended
It never became law before the 105th Congress (1997–1998) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 15, 1998
Referred to Subcommittee on Oversight and Courts.
Jun 5, 1997
Read twice and referred to the Committee on Judiciary.
Jun 5, 1997
Sponsor introductory remarks on measure. (CR S5346-5349)
Jun 5, 1997
Introduced in Senate
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 Latest action May 15, 1998

Referred to Subcommittee on Oversight and Courts.

 Plain-English summary Congressional Research Service

Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business (fewer than 25 full-time employees), punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses; or (2) $250,000.

Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant.

Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that involves a sexual offense or a violation of a Federal or State civil rights law; or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 2
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APA
U.S. Congress. (2026). S. 836: Small Business Lawsuit Abuse Protection Act of 1997. 105th Congress. Open America. https://openamerica.io/bill/105-S-836/
MLA
"S. 836: Small Business Lawsuit Abuse Protection Act of 1997." 105th Congress, 2026, Open America, https://openamerica.io/bill/105-S-836/.
Bluebook (legal)
S. 836, 105th Cong. (2026), https://openamerica.io/bill/105-S-836/.
Markdown link
[S. 836: Small Business Lawsuit Abuse Protection Act of 1997](https://openamerica.io/bill/105-S-836/)
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