Nonpartisan civic infrastructure
AllCiv·Legis1
·

H.R. 2393

BillFederalHouseIn Committee
Frivolous Lawsuit Reduction Act
About This Bill
Committee
Latest Action · May 17, 2005
Referred to the House Committee on the Judiciary.
Congress
109th (2005–2007)
Introduced
May 17, 2005
Cosponsors (18)
0D 18R
View PDF ↗

Summary

Highlight any text to annotate
Frivolous Lawsuit Reduction Act - Amends the Federal judicial code to authorize parties in civil diversity litigation to serve written settlement offers on an adverse party at any time not less than 10 days before trial. Authorizes the court, at any time before judgment is entered, to exempt from settlement any claim that presents a novel and important question of law or fact that substantially affects nonparties. Voids all settlement offers made by the parties with respect to such exempted claims. Authorizes an offeror whose proposed settlement was declined by an offeree to file a petition with the court seeking payment by the offeree of costs and fees, including attorney's fees, from the date of the last settlement offer by either party if the ultimate judgment or order is not more favorable to the offeree than the proposed settlement. Requires the court to order payment by the offeree in such circumstances unless requiring payment would be manifestly unjust. Limits attorney's fees ordered under this Act to: (1) the actual attorney's fees incurred by the offeree in connection with the claim; or (2) if no such cost was incurred due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree absent a contingency fee agreement. States that this Act does not apply to claims seeking equitable remedies.

Take Action

Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.