I 108th CONGRESS 2d Session H. R. 4571 IN THE HOUSE OF REPRESENTATIVES June 15, 2004 Mr. Smith of Texas (for himself, Mr. Sensenbrenner, Mr. Forbes, Mr. Green of Wisconsin, Mr. Gallegly, Mr. Chabot, Mr. Garrett of New Jersey, Mr. King of Iowa, Mr. DeLay, Mr. Franks of Arizona, Mr. Culberson, Mr. Keller, Mr. Carter, Mr. Pearce, Mr. Calvert, and Mr. Goodlatte) introduced the following bill; which was 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.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Attorney accountability

Rule 11 of the Federal Rules of Civil Procedure is amended— (1)in subdivision (c)— (A)by amending the first sentence to read as follows: “If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to the other party or parties to pay for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney’s fee.’’; (B)in paragraph (1)(A)— (i)by striking “Rule 5” and all that follows through “corrected.” and inserting “Rule 5.”; and (ii)by striking “the court may award” and inserting “the court shall award’’; and (C)in paragraph (2), by striking “shall be limited to what is sufficient” and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney’s fee.; and (2)by striking subdivision (d).

3.

Applicability of Rule 11 to State cases affecting interstate commerce

In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action.

4.

Prevention of forum-shopping

(a)

In general

Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or Federal district) in which— (1)the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent— (A)resides at the time of filing; or (B)resided at the time of the alleged injury; or (2)the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; or (3)the defendant's principal place of business is located. (b)

Determination of most appropriate forum

If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c)

Definitions

In this section: (1)The term personal injury claim— (A)means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; and (B)does not include a claim brought as a class action. (2)The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3)The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d)

Applicability

This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act.

5.

Rule of construction

Nothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law.