[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 966 Reported in House (RH)]

                                                 Union Calendar No. 114
112th CONGRESS
  1st Session
                                H. R. 966

                          [Report No. 112-174]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2011

Mr. Smith of Texas introduced the following bill; which was referred to 
                     the Committee on the Judiciary

                             July 21, 2011

 Additional sponsors: Mr. Canseco, Mr. Gallegly, Mr. Calvert, and Mr. 
                                 Herger

                             July 21, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lawsuit Abuse Reduction Act 
of 2011''.</DELETED>

<DELETED>SEC. 2. ATTORNEY ACCOUNTABILITY.</DELETED>

<DELETED>    (a) Sanctions Under Rule 11.--Rule 11(c) of the Federal 
Rules of Civil Procedure is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``may'' and 
        inserting ``shall'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``Rule 5'' and 
        all that follows through ``motion.'' and inserting ``Rule 5.''; 
        and</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Rule of Construction.--Nothing in 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lawsuit Abuse Reduction Act of 
2011''.

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 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.
                                                 Union Calendar No. 114

112th CONGRESS

  1st Session

                               H. R. 966

                          [Report No. 112-174]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 21, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed