Senate Legislation Introduction Thread (user search)

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TORT REFORM ACT

SENATE BILL

To decrease legal fees

Be it enacted by the Congress of the Republic of Atlasia assembled

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SECTION I: TITLE

1. This law shall be referred to as the Tort Reform Act.

SECTION II: DAMAGES CAPS IN FEDERAL COURTS

1. In any federal civil action or Regional civil action removed to a federal court, in which monetary damages are awarded and punitive damages are available, no punitive damages may be awarded in excess of 5 times the amount of the damages award.
2. In any Regional medical malpractice action removed to a federal court in which non-economic damages are claimed, no non-economic damages may be awarded exceeding $500,000. This damages cap shall automatically change annually to adjust for changes in the chained-CPI measurement.
3. In any Regional medical malpractice action removed to a federal court in which there are multiple defendants who are joint-and-severally liable, economic damages shall be apportioned proportionately.
4. Any presiding federal judge with proper jurisdiction shall have the power of remittitur, to reduce a jury award which has improperly exceeded the punitive damages or non-economic damages limit, to an amount that complies with this law.
5. The minimum amount in controversy required to remove a Regional civil action to a federal court under diversity jurisdiction shall be increased to $100,000.

SECTION: GREEDY LAWYER RESTRICTIONS
1. The federal government shall not make any payment for legal fees under the Equal Access to Justice Act, unless that case is argued in Federal Court.
2. The federal government shall not make any payment for legal fees under the Equal Access to Justice Act, if the prevailing party is an organization with more than 500 members or more than $5 Million in assets.
3. The federal government shall not make any payment for legal fees under the Equal Access to Justice Act, if the prevailing party is an individual with more than $2 Million in assets.
4. The federal government shall not make any payment for legal fees under the Equal Access to Justice Act, unless that case is argued in a federal court and the outcome is not determined on procedural grounds.
5. Any attorney licensed to practice in the federal courts, who introduces 3 or more civil actions in the same calendar year, which are later dismissed as frivolous or improper, shall be required to pay the legal costs of each defendant in those cases which were dismissed for impropriety. Any attorney who is sanctioned under this paragraph in 3 consecutive calendar years, or who is sanctioned under this paragraph in a total of 5 calendar years, shall have their license to practice in federal courts suspended for 1 calendar year.
6. No legal fees available to prevailing parties under the Endangered Species Act shall compensate a lawyer in excess of $150.00 per hour and expenses.
7. The definition of "prevailing parties" under the Endangered Species Act for the purpose of receiving legal fees shall exclude parties who settle.
8. The Statute of limitations for filing Regional products liability civil actions or Regional medical malpractice civil actions in Federal Court is 3 years from the date on which the tortious action ripens.

SECTION VI: EFFECTIVE DATE

1. This act shall take effect immediately. No lawsuit to enforce the provisions of the law shall be justiciable in any federal or Regional court until 90 days after this law takes effect.

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