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Tort reform bill introduced in Congress

Posted On: Jan. 26, 2005 3:44 PM CENTRAL | Add a comment

WASHINGTON--Tort reform advocates are hailing the introduction of legislation that imposes sanctions on attorneys who file frivolous lawsuits.

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The Lawsuit Abuse Reduction Act, which Rep. Lamar Smith, R-Texas, introduced Wednesday, would also require that plaintiffs in civil tort actions could only be permitted to sue in the jurisdiction in which they live or suffer their injury, or where the defendant maintains its principal place of business. Tort reform advocates claim that such a requirement is needed to reduce so-called "forum-shopping." That occurs when plaintiffs in interstate class actions seek out the most plaintiff-friendly state jurisdictions in which to file their actions.

"This common sense civil justice reform would help solve one of the worst problems small businesses and many others face: frivolous claims," said Sherman Joyce, president of the American Tort Reform Assn., in a statement released Wednesday morning. "Far too often, the system allows, in effect, legal extortion."

The House passed an earlier version of LARA last September, but the Senate never took up the issue before adjournment.


For reprints of this story, please contact Lauren Melesio at 212-210-0707 or email lmelesio@crain.com

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