Safeguarding Americans from a Legal Culture of Fear: Approaches to Limiting Lawsuit Abuse : Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, June 22, 2004 |
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36 Harv 36 IIVJL act or practice alleged American Appeals asbestos litigation ATRA ATRA's attorneys Belleville News-Democrat business owners Circuit Court civil justice client Commerce Clause Committee compensation Compoli Congress constitutional Consumer costs Custom Tool decision defendant's defendants Eisenberg employees enacted federal courts fees filed forum non conveniens forum shopping frivolous claims frivolous lawsuits IIVJL 269 Cite Illinois issue Jefferson County Judge judicial hellholes Judiciary jurisdiction Jury Awards Kanawha County Lawsuit Abuse lawyers Legis liability reform Louis Madison County medical malpractice million Mississippi National NFIB Ohio Revised Code Orleans Parish percent personal injury plaintiffs premiums problem Product Liability punitive damages recent respondents Rule 11 sanctions Schwartz Section settlement small business small-business owners statute suits supra note Supreme Court survey TCPA telephone Texas tion Tool & Gage tort law tort reform tort system trial United unsolicited fax advertisement venue verdicts violation
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Page 177 - This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Page 212 - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
Page 14 - ... (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the...
Page 14 - ... well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
Page 10 - They do not have payroll departments, tax departments or attorneys on staff. Being a small business owner means, more times than not, you are responsible for everything — taking out the garbage, ordering inventory, hiring employees, and dealing with the mandates imposed upon your business by the federal, state and local governments. That is why simple government regulations, particularly when it comes to the paperwork they generate, are so important. The less time our members spend with "government...
Page 181 - ... when its ordinary jurisdiction as prescribed by local laws is appropriate to the occasion and is invoked in conformity with those laws, to take cognizance of an action to enforce a right of civil recovery arising under the act of Congress and susceptible of adjudication according to the prevailing rules of procedure.
Page 179 - Section 922(q) is a criminal statute that by its terms has nothing to do with "commerce" or any sort of economic enterprise, however broadly one might define those terms.
Page 14 - By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances...
Page 110 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county: 2. When there is reason to believe that an impartial trial cannot be had therein: 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 205 - Brooks' relationship while on leave was not analogous to that of a soldier injured while performing duties under orders. We conclude that the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service.