If any of you are "independent" voters rather than
Post# of 72446
Posted On: 06/26/2016 6:01:04 PM
If any of you are "independent" voters rather than Democrat or Republican, perhaps you should consider voting for a Republican for Senate.
"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."
"How could it impact civil rights cases? The bill would not actually change the criteria for a frivolous lawsuit, but it would make a court response mandatory. Among these criteria is that a lawsuit must be warranted by an existing law or a reasonable case for changing existing law. "
https://www.govtrack.us/congress/bills/114/hr758/summary
"AN ACT
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
1.Short title
This Act may be cited as the Lawsuit Abuse Reduction Act of 2015.
2.Attorney accountability
(a)Sanctions under rule 11
Rule 11(c) of the Federal Rules of Civil Procedure is amended—
(1)in paragraph (1), by striking may and inserting shall;
(2)in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5.; and
(3)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..
(b)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."
https://www.govtrack.us/congress/bills/114/hr758/text
Democrats in the Senate seem to be holding up the legislation.
"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."
"How could it impact civil rights cases? The bill would not actually change the criteria for a frivolous lawsuit, but it would make a court response mandatory. Among these criteria is that a lawsuit must be warranted by an existing law or a reasonable case for changing existing law. "
https://www.govtrack.us/congress/bills/114/hr758/summary
"AN ACT
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
1.Short title
This Act may be cited as the Lawsuit Abuse Reduction Act of 2015.
2.Attorney accountability
(a)Sanctions under rule 11
Rule 11(c) of the Federal Rules of Civil Procedure is amended—
(1)in paragraph (1), by striking may and inserting shall;
(2)in paragraph (2), by striking Rule 5 and all that follows through motion. and inserting Rule 5.; and
(3)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..
(b)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."
https://www.govtrack.us/congress/bills/114/hr758/text
Democrats in the Senate seem to be holding up the legislation.
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