H. R. 720
IN THE HOUSE OF REPRESENTATIVES
January 30, 2017
Mr. Smith of Texas (for himself, Mr. Goodlatte, Mr. Buck, Mr. Franks of Arizona, Mr. Farenthold, Mr. Chabot, and Mr. Chaffetz) introduced the following bill; which was 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.
This Act may be cited as the
Lawsuit Abuse Reduction Act of 2017.
Sanctions under rule 11
Rule 11(c) of the Federal Rules of Civil Procedure is amended—
in paragraph (1), by striking
may and inserting
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.