HR 420 109th Congress House Law Civil actions and liability Civil procedure Commerce Court records District courts Evidence (Law) Frivolous lawsuits Government Operations and Politics Interstate commerce Jurisdiction Lawyers Legal ethics Legal fees Residence requirements State courts Torts

Lawsuit Abuse Reduction Act of 2005

Introduced: January 26, 2005 See on congress.gov

Everywhere this bill has been 29 steps

Introduced

In committee

Reported out

Passed House

Passed Senate

To President

Became law

Oct 31, 2005

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

Oct 27, 2005

Rule H. Res. 508 passed House.

Oct 27, 2005

Considered under the provisions of rule H. Res. 508. (consideration: CR H9312-9329)

Oct 27, 2005

Mr. Barrow moved to recommit with instructions to Judiciary.

Oct 27, 2005

The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H9319)

Oct 27, 2005

The previous question was ordered pursuant to the rule. (consideration: CR H9327)

Oct 27, 2005

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 420.

Oct 27, 2005

DEBATE - Pursuant to H. Res. 508, the Committee of the Whole proceeded with 40 minutes of debate on the Schiff amendment in the nature of a substitute.

Oct 27, 2005

DEBATE - Pursuant to H. Res. 508, the Committee of the Whole proceeded with 10 minutes of debate on the Smith (TX) amendment.

Oct 27, 2005

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 420.

Oct 27, 2005

The Speaker designated the Honorable Tom Latham to act as Chairman of the Committee.

Oct 27, 2005

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 508 and Rule XVIII.

Oct 27, 2005

Rule provides for consideration of H.R. 420 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

Oct 27, 2005

On passage Passed by recorded vote: 228 - 184 (Roll no. 553).

Oct 27, 2005

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

Oct 27, 2005

Passed/agreed to in House: On passage Passed by recorded vote: 228 - 184 (Roll no. 553).

Oct 27, 2005

On motion to recommit with instructions Failed by recorded vote: 196 - 217 (Roll no. 552). (consideration: CR H9327-9329; text: CR H9327)

Oct 27, 2005

The previous question on the motion to recommit with instructions was ordered without objection.

Oct 27, 2005

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Barrow motion to recommit.

Oct 25, 2005

Rules Committee Resolution H. Res. 508 Reported to House. Rule provides for consideration of H.R. 420 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.

Jun 14, 2005

Placed on the Union Calendar, Calendar No. 69.

Jun 14, 2005

Reported (Amended) by the Committee on Judiciary. H. Rept. 109-123.

May 25, 2005

Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 11.

May 25, 2005

Committee Consideration and Mark-up Session Held.

May 20, 2005

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

Mar 2, 2005

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

Feb 16, 2005

Sponsor introductory remarks on measure. (CR H633-634)

Jan 26, 2005

Referred to the House Committee on the Judiciary.

Jan 26, 2005

Introduced in House

Votes taken on this bill 2

Date	Chamber	What was voted on	Result	Yes–No
Oct 27, 2005	House · vote #553	On Passage	Passed	228–184	See who voted →
Oct 27, 2005	House · vote #552	On Motion to Recommit with Instructions	Failed	196–217	See who voted →

Plain-English summary Congressional Research Service

Lawsuit Abuse Reduction Act of 2005 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) 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; and (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits.

(Sec. 3) Makes Rule 11 applicable to state civil actions where the state court determines, upon motion, that an action substantially 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 claim occurred; (3) the defendant's principal place of business is located; or (4) the defendant resides, if the defendant is an individual. 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 federal district court to suspend from the practice of law for one year (or for an additional period at the court's discretion) an attorney who is found to have violated Rule 11 three or more times. Grants such attorney a right to appeal a suspension and permits reinstatement after suspension under procedures and conditions prescribed by the court.

(Sec. 7) Establishes a rebuttable presumption that an attempt to litigate, in any forum, an issue that has been previously litigated and lost on three consecutive prior occasions is a Rule 11 violation.

(Sec. 8) Imposes additional sanctions for the intentional destruction of documents sought in, and highly relevant to, a court proceeding.

What's happening now October 31, 2005

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

Committees of jurisdiction 3