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S 533 IS
112th CONGRESS
1st Session
S. 533
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 9, 2011
Mr. GRASSLEY (for himself and Mr. LEE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. ATTORNEY ACCOUNTABILITY.
(a) Sanctions Under Rule 11- Rule 11(c) of the Federal Rules of Civil Procedure is amended--
(1) in paragraph (1), by striking ‘may’ and inserting ‘shall’;
(2) in paragraph (2), by striking ‘Rule 5’ and all that follows through ‘motion.’ and inserting ‘Rule 5.’; and
(3) 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’.
(b) Rule of Construction- Nothing in 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.
U.S. Congress - Text of S.533 as Introduced in Senate Lawsuit Abuse Reduction Act of 2011
