Section 1 Short title
This Act may be cited as the “Lawsuit Abuse Reduction Act of 2013”.
Lawsuit Abuse Reduction Act of 2013
A BILL
To amend rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
Sec. 2 Attorney accountability
Sanctions under Rule 11— Rule 11(c) of the Federal Rules of Civil Procedure is amended—
in paragraph (1), by striking “may” and inserting “shall”;
in paragraph (2), by striking “Rule 5” and all that follows through “motion.” and inserting “rule 5.”; and
in paragraph (4), by striking “situated” and all that follows through the end of the paragraph and inserting “situated, and to compensate the parties that were injured by such conduct. Subject to the limitations in paragraph (5), the sanction shall consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs. The court may also impose additional appropriate sanctions, such as striking the pleadings, dismissing the suit, or other directives of a nonmonetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court”.
Rule of Construction— Nothing in this Act or an amendment made by this Act shall be construed to bar or impede the assertion or development of new claims, defenses, or remedies under Federal, State, or local laws, including civil rights laws, or under the Constitution of the United States.