House Frivolous Lawsuit Sanctions Bill Advances

While chances of the lawsuit sanction measure passing are unlikely, political analysts say Republicans are pushing it so they can use discussions of the issue to criticize the actions of class action lawyers and highlight the past role of Democratic vice presidential candidate Sen. John Edwards, D-N.C.

Sen. Edwards is a former lawyer who became a millionaire as an advocate for victims of medical malpractice and defective products.

On an 18-10 vote, the committee passed a bill that would impose mandatory sanctions on lawyers who have filed lawsuits if a judge later decided that the lawsuit was a "frivolous" or "nuisance" litigation.

Before the vote to pass the bill from committee, the point man for the Republicans on the issue, Rep. Ric Keller, R-Fla., brought up an amendment to disbar lawyers for at least one year if they file three frivolous lawsuits in a federal court district.

To support his proposal, Rep. Keller cited two opinion columns written by Sen. Edwards. He cited Newsweek and Washington Post articles written last year by Mr. Edwards in which he wrote that there should be a three-strike penalty against lawyers who file frivolous suits.

Democratic Rep. Melvin Watt, D-N.C., said he
did not care what Mr. Edwards said, charging Republicans with "political posturing." But Keller's amendment was easily approved 20-6. The frivolous lawsuit bill was the first of nine measures the committee planned to take up Wednesday and Thursday, including attempts to shield from lawsuits volunteer firefighters, pilots flying charity missions and nonprofit athletic organizations.

While the bill will likely pass the Judiciary Committee easily, and possibly the House as well, it faces a tougher test in the Senate, where 60 votes are needed to bring most major legislation to the floor, and Democrats have consistently supported the plaintiff's lawyer lobby in their opposition on this issue.

But the bill is important, said Julie Gackenbach, assistant vice president, government relations, for the Property Casualty Insurers Association of America, even though it simply restores federal rules of judicial procedure to pre-1993 policies. That policy was known as Rule 11, she said.

Not only does the bill deal with frivolous lawsuits, it is also designed to discourage so-called "forum shopping" by plaintiff's lawyers, she said. "Frivolous litigation carries additional cost and burdens, not only on the insurance industry and policyholders, but on our nation's economy," she said.

She noted that class action legislation was rejected twice on the Senate floor this year, and said that, "in this highly-charged political season, it is unrealistic to think they will take up class action again this year.