[Congressional Record Volume 143, Number 86 (Thursday, June 19, 1997)]
[Senate]
[Page S6007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL STATEMENTS

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                    FRIVOLOUS LAWSUIT PREVENTION ACT

 Mr. ABRAHAM. Mr. President, I am pleased to speak about an 
issue I feel strongly about and have consistently supported during my 
tenure in the U.S. Senate. Today I rise in defense of Senate bill 400, 
the Frivolous Lawsuit Prevention Act, of which I am a cosponsor.
  The Senate has debated tort reform legislation in the past and this 
year several bills have been introduced that attempt to remediate our 
legal system. S. 400 takes a narrow approach and focuses on the 
particular problem of persons who deliberately abuse America's courts.
  I appreciate the efforts of Senator Grassley in introducing this 
important bill, which is a vital component of legal reform. It aims to 
rescue our courts from engaging in suits that more resemble talk show 
fodder than legitimate claims of wrongdoing. Specifically, the bill 
amends rule 11 of the Federal rules of civil procedure by making 
sanctions mandatory rather than discretionary whenever federal courts 
find a violation of that rule has occurred and an attorney has engaged 
in frivolous conduct.
  For example, if a party files a lawsuit purely to badger another 
party, and the judge finds this to be true, the court can impose a 
punishment commensurate with the degree of the violation. Prior to 
1993, this type of sanctioning had been standard procedure. 
Unfortunately, however, this rule was severely modified 4 years ago. 
Congress must now enact S. 400 to once again protect the courts from 
frivolous lawsuits that clog this Nation's legal system and impede the 
ability of legitimate claims to be heard.
  Our courts must never become playgrounds for egregious claims and 
wild accusations that seek only to harass an individual. Those who 
engage in such conduct must face sanctions for their action. In my 
view, this bill will relieve our courts and restore the dignity and 
integrity that America's system of justice demands.

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