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The Lawsuit Abuse Reduction Act of 2015 (, ) is legislation that amends Rule 11 of the Federal Rules of Civil Procedure to require judges to impose mandatory sanctions on attorneys, law firms, or parties who file frivolous “claims, defenses, and other legal contentions."〔 The legislation replaces the current rule, which allows judges' discretion to impose sanctions, and instead forces judges to impose mandatory sanctions prescribed by Congress. It also removes the rule's safe harbor protection, which currently allows attorneys to correct their pleadings, claims or contentions within a 21-day period without fear of sanctions.〔 The bill was introduced in the United States House of Representatives and the United States Senate during the 114th United States Congress on February 5, 2015.〔H.R. 758 (2015) https://www.govtrack.us/congress/bills/114/hr758〕〔(【引用サイトリンク】title=All Info - S.401 - 114th Congress (2015-2016): Lawsuit Abuse Reduction Act of 2015 )〕 In a 19-13 vote on May 13,〔http://politics.nytimes.com/congress/bills/114/hr758〕 the House Judiciary Committee passed the bill.〔(【引用サイトリンク】title=House committee advances asbestos, frivolous lawsuit bills )〕 On September 17, 2015〔(【引用サイトリンク】title=Election, Lobbying, Campaign Finance & Voting Law News )〕 the full United States House of Representatives passed the Lawsuit Abuse Reduction Act (LARA) of 2015 by a vote of 241-185.〔(【引用サイトリンク】title=House passes bill to combat frivolous lawsuits )〕〔(【引用サイトリンク】title=Actions - H.R.758 - 114th Congress (2015-2016): Lawsuit Abuse Reduction Act of 2015 )〕〔(【引用サイトリンク】title=House OKs Mandatory Penalties For Frivolous Lawsuits )〕 ==Provisions == The legislation amends Rule 11 of the Federal Rules of Civil Procedure to: *Require judges to impose ''mandatory'' sanctions on any attorney, law firm, or party that has violated, or is responsible for the violation of, the rule with regard to representations to the court. The bill would substitute the word "may" with the word "shall," forcing judges to levy mandatory minimum punishments.〔 Current law allows judges to evaluate the specific situation and order appropriate remedies.〔Rule 11- Federal Rules of Civil Procedure https://www.law.cornell.edu/rules/frcp/rule_11〕 As a result of the legislation, judges will no longer have the discretion in imposing these penalties. *Remove current protections (from fear of sanctions) for a party who withdraws or corrects the challenged paper, claim, defense, contention, or denial within 21 days after service or within another time the court sets.〔 *''Require'' judges to impose mandatory minimum punishments on any party who is sanctioned, without regard to the particular circumstances of the case. This includes, but is not limited to, attorney fees and costs. The bill also authorizes the court to impose additional sanctions, including striking the pleadings, dismissing the suit, nonmonetary directives, or penalty payments if warranted for effective deterrence.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Lawsuit Abuse Reduction Act (LARA) of 2015」の詳細全文を読む スポンサード リンク
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