New York State Bar President David P. Miranda today issued the following statement:
“We urge the U.S. Senate to reject a bill (S.401, H.R. 758) which erroneously has been labeled the Lawsuit Abuse Reduction Act (LARA).
“The House of Representatives passed the measure on September 17.
“The bill’s supporters purport it will discourage the filing of ‘frivolous lawsuits.’ However, after enacting a similar provision three decades ago, policymakers were persuaded to repeal it because it resulted in additional unnecessary legal motion practice.
“Enactment of this legislation constitutes bad public policy. It restores a system in effect from 1983 to 1993, which previously was tried and rejected because it did not allow for remedial action by the courts.
“Under the prior law, federal lawsuits often became entangled with unnecessary litigation over sanctions—curtailing the efficiency of the courts, adding to litigation costs and delaying the resolution of cases. This bill would reinstitute these destructive practices.
“The Senate should heed the mistakes of the past and reject this bill.”
The 74,000-member New York State Bar Association is the largest voluntary state bar association in the nation. It was founded in 1876.
Contact: Lise Bang-Jensen
Director of Media Services & Public Affairs