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December 2013 Archives

Lawsuit Abuse Reduction Act Stifles Victims Right To Justice

In early 2013, Rep. Lamar Smith (R-TX), chairman of the House Judiciary Committee, and Sen. Charles Grassley (R-IA), ranking member of the Senate Judiciary Committee announced the introduction of the Lawsuit Abuse Reduction Act (LARA), which if enacted, would amend Rule 11(c) of the Federal Rules of Civil Procedure by basically making sanctions mandatory for violations of Rule 11(b) certifications. In addition, the amendment would mandate that any sanctions compensate the reasonable expenses of the opposing side and also permit additional monetary and non-monetary sanctions as appropriate. Specifically, the legislation:

Asbestos Law Invades Privacy Of Dying Victims

On March 20, 2013, the furthering Asbestos Claim Transparency H.R. 982 (FACT ACT) was introduced in the United States House of Representatives for consideration. The FACT ACT is spearheaded by the American Legislative Exchange Council (ALEC) and the National Chamber of Commerce to pass certain federal and state legislation as it relates to asbestos lawsuits filed by victims of asbestos-related illnesses, such as mesothelioma.

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