Posted on 10/27/2005 7:25:58 PM PDT by nickcarraway
WASHINGTON - The House on Thursday passed a bill that would take away lawyers' licenses if they repeatedly file frivolous lawsuits, the latest in a Republican drive to crack down on what they consider costly abuses of the legal system.
Supporters of the bill, which passed 228-184, said lawsuits deemed baseless by a judge for flimsy facts or faulty interpretations of the law are a waste of court time and often a bonanza for lawyers — rather than a chance to recoup legitimate damages for clients.
In a statement, the White House called the bill "a step in the right direction" toward eradicating bogus lawsuits.
No Senate vote is expected this year.
Insurance premiums and health care costs have risen as a result of frivolous lawsuits, argued Rep. Lamar Smith (news, bio, voting record), R-Texas, the bill's sponsor.
"All they want is for the defendant to settle," Smith said of the lawyers for such plaintiffs. "This is legalized extortion."
Opponents said the legislation would deter more than rogue lawyers. People with legitimate complaints against big companies could be scared off by a provision that would require judges to order the plaintiffs in lawsuits found to be frivolous to pay "reasonable" attorney fees of the defendants.
Rep. Jerrold Nadler (news, bio, voting record), D-N.Y., said that if a single plaintiff loses to a big corporation that employs multiple attorneys charging high fees, "'reasonable attorney fees' is going to add up to a lot of money."
The American Bar Association says the measure would infringe on states' rights by setting policy in state as well as federal courts.
The bill was approved by the House last year, 229-174, but did not come up for a vote in the Senate. An end-of-year crush of spending bills and other matters also make a Senate vote unlikely this year.
Smith's bill would reinstate a pre-1993 rule setting mandatory penalties against lawyers who file frivolous lawsuits. It would suspend for a year lawyers who file three baseless claims in any judicial circuit during their careers.
The House by voice vote added an amendment sponsored by Judiciary Committee Chairman James Sensenbrenner, R-Wis., that allows sanctions to be imposed for the destruction of certain documents in federal court cases. The amendment also clarifies the anti-forum-shopping provision by saying that if there is no state court in the county in which the injury occurred, the case can be brought in the nearest county where a general court is located.
The Judicial Conference of the United States, which sets policy for the federal judiciary, opposes the bill. The conference says it would return the courts to a system that required penalties for every violation of the rule and "spawned thousands of court decisions and generated widespread criticism."
Currently, it is up to the judge to decide whether to pursue penalties.
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"The House on Thursday passed a bill that would take away lawyers' licenses if they repeatedly file frivolous lawsuits, the latest in a Republican drive to crack down on what they consider costly abuses of the legal system. "
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This is great!
OOOOOOOOOOH NOOOOOOO!
What will PETA and the ACLU do after they run out of lawyers who can file cases?
Rainbow/PUSH is in trouble too.
LOL..... Republican, hell yes it is, its the dems that do frivolous lawsuits
Yippppeeeeeee!!!!!
Loser pays. Works well in England.
This will at least give the federal government a tool to shut down bothersome lawyers like Judicial Watch and those groups that pester public school systems for equal rights for Christian kids...At least we know how the federal government will use this power when we yield it.
Local lawsuits are the business of the US Congress?
Can this be used to stop (or slow down) the ACLU?
Yes. And machine guns can be used to dispurse noisy crowds.
Oooooooooh Noooooooooooooo....
Don't shut down Larry Klayman and Judicial Watch. *snicker*
Amen!
Foxes watch hen house. Film at 11....
"Local lawsuits are the business of the US Congress?"
States rights are trumped by campaign contributions.
"No Senate vote is expected this year."
Yeah, they're too busy spending our money.
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