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Bill Intended to Limit Meritless Lawsuits Is Next on House GOP's Tort Agenda
Fresh from clearing legislation designed to protect the gun industry from lawsuits, the House is expected this week to pass a measure designed to reduce the amount of meritless litigation. The bill (HR 420), scheduled on the floor Oct. 26, would reverse changes in civil procedure rules adopted by the courts in 1993 and not rejected at the time by Congress. It also would eliminate a rule, called a safe harbor provision, that allows lawyers to avoid sanctions by quickly withdrawing meritless claims. The language of Rule 11 of the Federal Rules of Civil Procedure would revert to how it stood from 1983 to 1993. New provisions also would suspend for a year lawyers who file three meritless claims in any single judicial district during the course of their career. The bill was approved, 19-11, by the House Judiciary Committee on May 25. Similar legislation passed the House in September 2004 by a vote of 229-174. But as happened last year, the Senate is unlikely to take up the measure this session for lack of time. The legislation is a high priority for the small business lobby, which says its members face a rising tide of frivolous lawsuits demanding $5,000 to $10,000 and designed to force lucrative settlements. The National Federation of Independent Business (NFIB) said a survey last year about members' concerns found the cost of liability insurance came in second only to health care costs, says Michelle N. Dimarob of NFIB. ..."Congress is increasingly willing to thumb its nose at the process that has worked pretty well for the last 50 years," said Ohio State University law professor Christopher M. Fairman.
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