Should we penalize plaintiffs’ lawyers who file frivolous lawsuits?
Bill Summary
This bill will change Rule 11 of the Federal Rules of Civil by reinstating mandatory sanctions for attorneys who file frivolous lawsuits and removing the 21-day “safe harbor”. Any monetary sanction imposed under Rule 11 will also be paid by the parties to the suit. Any Sponsor: Rep. Smith, Lamar [R-TX-21]
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Opponents say
• This bill will slam shut the courthouse doors to deserving plaintiffs.
• This bill is one of many made by conservatives in Congress to dismantle access to justice and our tort civil liability system. Coupled with the other legal reform bills currently in the House, we’re seeing an attempt to “exonerate large corporations and the healthcare industry for any kind of harm they may cause everyday people”.
• This bill is one of many made by conservatives in Congress to dismantle access to justice and our tort civil liability system. Coupled with the other legal reform bills currently in the House, we’re seeing an attempt to “exonerate large corporations and the healthcare industry for any kind of harm they may cause everyday people”.
Proponents say
• Under current law, plaintiffs’ lawyers can file frivolous lawsuits -- no matter how absurd the claims -- without any penalty, while defendants face years of litigation and substantial attorneys’ fees. This bill is an attempt to rebalance a justice system that favors plaintiff’s attorneys and their clients.
• Businesses and individuals waste billions of dollars paying claims on meritless lawsuits each year, which hurts the economy by preventing these funds from being redirected into new businesses, or into hiring employees (the annual direct cost of American tort litigation is estimated at more than $250 billion).
• Businesses and individuals waste billions of dollars paying claims on meritless lawsuits each year, which hurts the economy by preventing these funds from being redirected into new businesses, or into hiring employees (the annual direct cost of American tort litigation is estimated at more than $250 billion).
