[Congressional Record Volume 151, Number 17 (Wednesday, February 16, 2005)]
[House]
[Pages H633-H634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FRIVOLOUS LAWSUITS HURT AMERICANS

  (Mr. SMITH of Texas asked and was given permission to address the 
House for 1 minute and to revise and extend his remarks.)
  Mr. SMITH of Texas. Mr. Speaker, frivolous lawsuits bankrupt 
individuals, ruin reputations, drive up insurance premiums, increase 
health care costs and put a drag on the economy.
  For example, the chief executive officer of San Antonio's Methodist 
Children's Hospital was sued after he stepped into a patient's room and 
simply asked how he was doing.
  Of course, a jury cleared him of any wrongdoing. Today, almost any 
party can bring any suit in almost any jurisdiction. But there is a 
remedy: The Lawsuit Abuse Reduction Act. It requires judges to issue 
sanctions, including reimbursement of attorney's

[[Page H634]]

fees when an attorney files a frivolous claim. This will make a lawyer 
think twice before filing a frivolous lawsuit.
  Also this legislation prevents forum shopping. It requires that 
personal injury claims be filed only where the plaintiff resides, where 
the injury occurred, or in the State or county where the defendant's 
principal place of business is located.
  The Lawsuit Abuse Reduction Act is sensible reform that will help 
restore confidence in America's justice system.

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