FEDERALhearing transcript

Hearing on the Lawsuit Abuse Reduction Act of 2015

Original title: LAWSUIT ABUSE REDUCTION ACT OF 2015

January 1, 2015

civil litigation federal court procedure legal reform H.R. 758

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The Frame

What this does

The proposed legislation seeks to change how federal courts handle frivolous lawsuits by making mandatory for attorneys who violate filing accuracy requirements.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Attorneys practicing in federal court

The bill would change the consequences for filing documents that do not meet specific factual or legal standards.

Small business owners

The NFIB Small Business Legal Center provided testimony regarding the impact of litigation on small businesses.

What changed

Last recorded activity January 1, 2015.

What's next

Next step not available in the current record.

Summary

This document is a transcript of a 2015 House Subcommittee hearing regarding H.R. 758, a bill proposing changes to Federal Rule of Civil Procedure 11. The hearing focused on whether to mandate for attorneys who file court documents that lack a factual or legal basis.

Key Facts

The hearing was held on March 17, 2015, by the Subcommittee on the Constitution and Civil Justice.
The subject of the hearing was H.R. 758, the Lawsuit Abuse Reduction Act of 2015.
Federal Rule of Civil Procedure 11 currently requires that court filings be based on facts and law.
The bill addresses the current lack of mandatory sanctions for violations of Rule 11.
Witnesses included representatives from the NFIB Small Business Legal Center, the Center for Constitutional Litigation, and Shook, Hardy & Bacon LLP.
Additional testimony and statements were submitted by Ralph Nader and the American Bar Association.

Frequently Asked Questions

What is Rule 11 of the Federal Rules of Civil Procedure?

It is a rule requiring that any document filed in federal court must be based on accurate facts and a reasonable interpretation of the law.

What does H.R. 758 propose to change?

The bill proposes making mandatory for attorneys who fail to comply with the requirements of .

Why It Matters

The proposed legislation seeks to change how federal courts handle frivolous lawsuits by making mandatory for attorneys who violate filing accuracy requirements.

News Coverage

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Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Mandatory Sanctions Proposal

The hearing highlights a push to move from discretionary to mandatory sanctions for procedural violations in federal court.

H.R. 758

Connected Entities

personCary Silverman“Witness from Shook, Hardy & Bacon LLP.”Map →

personTrent Franks“Chairman of the Subcommittee on the Constitution and Civil Justice.”Map →

personRobert S. Peck“Witness representing the Center for Constitutional Litigation, PC.”Map →

personElizabeth Milito“Witness representing the NFIB Small Business Legal Center.”Map →

organizationAmerican Bar Association“Submitted a letter for the hearing record.”Map →

personRalph Nader“Submitted a prepared statement for the record.”Map →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100

Significance60
How much this matters to a regular citizen
Controversy50
Intensity of disagreement among stakeholders
Entertainment10
Compellingness for a non-policy-wonk reader
Buzz5
Current news / social attention level

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