Legislation has been introduced in Congress to reinstate, in a more aggressive form, the 1983 version of Federal Rule of Civil Procedure 11, under which sanctions were mandatory, not discretionary. The House held hearings on H.R. 966, the Lawsuit Abuse Reduction Act (LARA), in March. This article analyzes this legislation.
LARA would amend Rule 11(c) to accomplish four things: make Rule 11 sanctions mandatory; eliminate the safe harbor of Rule 11(c)(2), which affords the alleged offender 21 days to withdraw the challenged position before a Rule 11 motion may be filed; convert the purpose of the rule from one of deterrence, alone, to add a compensatory dimension; and mandate an award of attorney fees, in addition to any other sanctions the court deems appropriate.
