House passes bill encouraging settlement of civil suits. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

Important note: Information in this article was accurate in 1995. The state of the art may have changed since the publication date.

House passes bill encouraging settlement of civil suits. Clearinghouse, P.O. Box 6003, Rockville, MD 20849-6003. 800-458-5231 ext. 5023.

AIDS Policy Law. 1995 Apr 7;10(6):5. Unique Identifier : AIDSLINE AIDS/95700286

Abstract: The U.S. House of Representatives approved the Attorneys Accountability Act, which would require a plaintiff to pay his opponent's legal costs if an eventual jury award at trial is less than a previous settlement offer. The bill's intent is to discourage frivolous lawsuits and encourage pretrial settlement of suits. All Federal civil litigations would be covered, including cases brought under the Americans With Disabilities Act (ADA). It is believed that the bill will force parties to seriously address the merits of a case before going to trial. However, because the ultimate decision on whether to accept a settlement is the client's, and because clients usually have contingency arrangements with their lawyers, if a case is lost the client may only be responsible for costs, not legal fees, which would be borne by the lawyer. It is believed that lawsuits under the ADA would not change much because employers generally do not want to bear the costs of continued litigation, and those employers who truly believe they are on firm ground in firing an individual will be loathe to settle the case. The new bill may help to force both parties to talk realistically about the merits of the case. Other parts of the bill call for greater sanctions for the filing of frivolous lawsuits, the updating of standards involving the use of scientific evidence, and limits on damages in product liability suits. The Senate has not acted on the measures.

Keywords: *Acquired Immunodeficiency Syndrome *Disabled Liability, Legal Politics Prejudice NEWSLETTER ARTICLE
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