skip to main content

H.R. 758 (114th): Lawsuit Abuse Reduction Act of 2015

The text of the bill below is as of Sep 21, 2015 (Referred to Senate Committee). The bill was not enacted into law.

Summary of this bill

H.R. 758 has been proposed to prevent frivolous lawsuits by amending the Federal Rules of Civil Procedure to require courts to order the plaintiff to pay any of the defendant’s expenses reasonably caused by the lawsuit. At the moment courts are empowered but not required to impose such sanctions. The bill would also remove text allowing plaintiffs to avoid penalty by withdrawing or correcting lawsuits within 21 days of service of the motion for sanctions.

Why such a partisan response? The controversy behind the Lawsuit Abuse Protection Act comes from a disagreement about the actual effects of the legislation on legal efficiency, as well as the effects on civil rights …



1st Session

H. R. 758


September 21, 2015

Received; read twice and referred to the Committee on the Judiciary


To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.


Short title

This Act may be cited as the Lawsuit Abuse Reduction Act of 2015.


Attorney accountability


Sanctions under rule 11

Rule 11(c) of the Federal Rules of Civil Procedure is amended—


in paragraph (1), by striking may and inserting shall;


in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5.; and


in paragraph (4), by striking situated and all that follows through the end of the paragraph and inserting situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court..


Rule of construction

Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.

Passed the House of Representatives September 17, 2015.

Karen L. Haas,