Wednesday, June 3, 2015

House Bill to Amend Rule 11 Reported Out of Committee

H.R. 758, the so-called “Lawsuit Abuse Reduction Act of 2015,” was reported out by the House Judiciary Committee on May 14, 2015.  

The bill would return to the pre-1993 era by:

  • Making sanctions for a Rule 11 violation mandatory instead of discretionary.
  • Eliminating the 21-day “safe harbor” provision.
  • Replacing deterrence with compensation as the primary purpose of sanctions. 

The bill also claims that it is not intended to impede the assertion or development of new claims.

A committee hearing was held on the bill on March 17, 2015.  A similar Senate bill, S. 401, is still in committee.

Republicans have been attempting to pass this bill since at least 2011. See Professor Lonny Hoffman's article, The Case Against the Lawsuit Abuse Reduction Act of 2011.

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