New York State Bar
President David P. Miranda today issued the following statement:
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).
House of Representatives passed the measure on September 17.
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.
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.
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.”
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