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Saturday, September 18, 2004On Tuesday, the House of Representatives passed H.R. 4571 by a vote of 229 to 174, sending it on to the Senate. Supporters say the measure will curb unnecessary litigation by re-enforcing rules already on the books, and by creating a new requirement preventing plaintiffs' attorneys from shopping around for friendly legal venues. ....Specific provisions include: - Making monetary sanctions against attorneys who file frivolous lawsuits mandatory rather than discretionary, and removing an earlier 'safe harbor' provision that allows attorneys who file frivolous lawsuits to avoid sanctions by withdrawing their suit after a motion for sanctions has been filed. -Allowing sanctions for frivolous or harassing conduct during discovery. -Allowing a plaintiff to sue only where he or she lives or was injured, or where the defendant's principal place of business is located. The first two provisions may be difficult to meet since the meaning of "frivolous" is so liquid. The average doctor thinks that most malpractice lawsuits are frivolous. Malpractice no longer means willful negligence, but the inability to avoid known complications or to diagnose with 100% certainty. Lawyers, on the other hand, think that complications are negligence and that we should be able to diagnose everything as certainly in real time as we can in retrospect. But the last provision, limiting the venue of suits makes sense. There's no reason lawyers should be able to shop around for the most profitable jury venue. It remains to be seen whether this one will pass the Senate. All those going before it haven't. Will constituent pressure make some Senators think twice before voting against it? posted by Sydney on 9/18/2004 01:20:00 PM 0 comments 0 Comments: |
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