Vote Smart's Synopsis:

A vote to pass a bill that requires judges to fine attorneys whose cases are determined to be without merit.

Highlights:

• Requires the court to impose sanctions on any attorney or party who violates Rule 11(b) of the Federal Rules of Civil Procedure, which states that attorneys or unrepresented parties to a lawsuit must provide certification that (Sec. 2):
• The pleading is not being presented for any improper use, such as harassment or increased litigation costs;
• The claims, defenses, and other legal contentions are warranted by existing law or a non-frivolous argument for modifying or establishing a law;
• The facts are supported by evidence; and
• The denials of factual contentions are warranted based on the evidence or a lack of information.

• Amends Rule 11(c) of the Federal Rules of Civil Procedure to remove the 21-day period after filing the suit, during which an attorney or unrepresented party may withdraw a suit before sanctions are imposed (Sec. 2).

• Requires the sanction to consist of an order to pay the opposing party’s expenses incurred as a direct result of the violation, including reasonable attorneys’ fees and costs (Sec. 2). 

Full Bill Text

Full Bill Text