Text: S.1288 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Introduced in Senate (07/11/2013)


113th CONGRESS
1st Session
S. 1288


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


IN THE SENATE OF THE UNITED STATES

July 11, 2013

Mr. Grassley (for himself, Mr. Coburn, and Mr. Rubio) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Lawsuit Abuse Reduction Act of 2013”.

SEC. 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 nonmonetary 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.