BATON ROUGE — A new bill passed
recently by the U.S. House of Representatives would make the lawyers
who file allegedly frivolous lawsuits accountable.
The bill, House
Resolution 720, which passed by a vote of 230-188 on March 10, is
known as the Lawsuit Abuse Reduction Act, or LARA, according to a
on Bloomberg BNA. The bill, if signed into law, would make sanctions
mandatory on attorneys who file suits that have no merit in order to
protect business and individuals from undue legal costs. Currently,
the imposition of sanctions in at the discretion of federal judges.
The bill has moved to the Senate for a
“Frivolous lawsuits have become commonplace in our legal
system, sucking up valuable time and resources that could be spent on
legitimate cases helping real victims,” Melissa Landry, executive
director at the Louisiana Lawsuit Abuse Watch, told the Louisiana
Record in a statement.
HR 720, which was spearheaded by Rep. Lamar Smith,
R-Texas, would impose penalties even if the lawsuits are withdrawn to
“Under current rules, renegade lawyers can
avoid sanctions for making baseless claims by withdrawing them within
21 days after a motion for sanctions has been served,” Landry
According to the bill's language,
HR 720 would force monetary sanctions on the attorneys who file these
types of suits on behalf of their clients in the form of attorney
fees and compensatory costs.
“A large part of the reason why our
system is overly burdened with meritless suits is because the
existing rules and sanctions are ineffective at discouraging them,”
Landry said. “Simply put, we’ve made it too easy for
personal-injury lawyers to exploit the system. They have everything
to gain and nothing to lose. That’s why we need reform.”
bill was met with opposition, and several legislators proposed
amendments to the bill. All of the amendments were defeated and,
according to Bloomberg
BNA, the bill passed without much fanfare. Five Republicans voted
against it, while three Democrats voted in favor.
will only impact federal suits, these reforms are much-needed,”
Landry said. “LLAW applauds the members of the Louisiana House
delegation who voted for LARA including: Rep. Steve Scalise,
R-Jefferson; Rep. Clay Higgins, R-Port Barre; Rep. Mike Johnson,
R-Benton; Rep. Ralph Abraham, R-Mangham; and Rep. Garret Graves,
R-Baton Rouge. We hope the Senate will quickly consider these
important reforms and send them to the president’s desk."