+ − Summaries (2)
+ − Full Texts (5)
+ − Actions (45)
- Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 28.
- Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
- Received in the Senate.
- H.AMDT.265 On agreeing to the Bryant amendment Failed by recorded vote: 177 - 244 .
- Considered as unfinished business.
- The House resolved into Committee of the Whole House on the state of the Union for further consideration.
- H.AMDT.263 Amendment offered by Mr. Burton. Amendment sought to reduce from 100 percent to 25 percent the prevailing party's cost and legal fee requirement under the "loser pays" provision; and allow the court to increase the reimbursement above 25 percent if it considers the loser was unreasonable in rejecting the last offer.
- H.AMDT.263 On agreeing to the Burton amendment Failed by recorded vote: 202 - 214 .
- H.AMDT.264 Amendment offered by Mr. Conyers. Amendment sought to exempt civil rights cases, religious cases, and gender cases from the bill in terms of attorney sanctions and payments.
- H.AMDT.265 Amendment offered by Mr. Bryant . Amendment sought to apply the bill's "loser pays" provisions only to claims against small businesses as defined under section 3 of the Small Business Act.
- H.AMDT.264 On agreeing to the Conyers amendment Failed by recorded vote: 194 - 229 .
- The House rose from the Committee of the Whole House on the state of the Union to report H.R. 988 .
- The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
- Mr. Conyers moved to recommit with instructions to Judiciary.
- DEBATE - The House proceeded with ten minutes of debate on the Conyers motion to recommit with instructions. The instructions contained in the motion require the bill to be reported back with an amendment to substitute the bill's "loser pays" provision with the "loser pays" provisions from H.R. 1058 , Securities Litigation Reform.
- The previous question on the motion to recommit with instructions was ordered without objection.
- On motion to recommit with instructions Failed by voice vote.
- On passage Passed by recorded vote: 232 - 193 .
- The previous question was ordered pursuant to the rule.
- Motion to reconsider laid on the table Agreed to without objection.
- The Speaker designated the Honorable David L. Hobson to act as Chairman of the Committee.
- H.AMDT.258 Amendment offered by Mr. Goodlatte. Amendment clarifies the guidelines in which a petition for payment of costs and expenses, including attorney's fees may be made.
- GENERAL DEBATE - The Committee of the Whole proceeded with two hours of general debate.
- Rule H. Res. 104 passed House.
- House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 104 and Rule XXIII.
- Rule provides for consideration of H.R. 988 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the 5-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The bill shall be considered under the 5-minute rule for a period not to exceed 7 hours. Measure will be considered read. Bill is open to amendments.
- Considered under the provisions of rule H. Res. 104 .
- H.AMDT.259 Amendment offered by Mr. McHale. Amendment sought to add language providing guidelines for the legal determination of a frivolous complaint and provide that, if a defendant makes a motion to dismiss a suit within 90 days of the filing of the complaint, and the court finds it to be frivolous, the court must dismiss the claim and award counsel fees and legal costs to the defendant.
- H.AMDT.258 On agreeing to the Goodlatte amendment Agreed to by recorded vote: 317 - 89 .
- Mr. Moorhead moved that the Committee rise.
- H.AMDT.260 Amendment offered by Mr. Berman to the McHale amendment . Amendment to the McHale amendment sought to delete section 2 of the bill which provides for the awarding of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement, and insert the language of the McHale amendment which deals with actions in the case of frivilous lawsuits.
- H.AMDT.260 On agreeing to the Berman amendment Failed by recorded vote: 186 - 235 .
- H.AMDT.259 On agreeing to the McHale amendment Failed by recorded vote: 115 - 306 .
- H.AMDT.261 Amendment offered by Mr. Hoke. Amendment sought to limit the contingency fees attorneys can receive to the lesser of the previously agreed-to hourly rate for work performed plus expenses or 10 percent of the amount of the settlement offer; and limit the contingency fees to the total of no more than 33 percent of the difference between the final recovery and the settlement offer, the previously agreed-to hourly rate for work performed, and the attorney's actual expenses.
- H.AMDT.262 Amendment offered by Mr. Conyers to the Hoke amendment . Amendment to the Hoke amendment sought to impose the same contingency fee limitations on the attorneys of both the plaintiff and defendant.
- H.AMDT.262 On agreeing to the Conyers amendment Failed by voice vote.
- H.AMDT.261 On agreeing to the Hoke amendment Failed by recorded vote: 71 - 347 .
- On motion that the Committee rise Agreed to by voice vote.
- Committee of the Whole House on the state of the Union rises leaving H.R. 988 as unfinished business.
- Rules Committee Resolution H. Res. 104 Reported to House. Rule provides for consideration of H.R. 988 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the 5-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The bill shall be considered under the 5-minute rule for a period not to exceed 7 hours. Measure will be considered read. Bill is open to amendments.
- Placed on the Union Calendar, Calendar No. 34.
- Reported by the Committee on Judiciary. H. Rept. 104-62 .
- Ordered to be Reported by the Yeas and Nays: 19 - 12.
- Committee Consideration and Mark-up Session Held.
- Referred to the House Committee on the Judiciary.
+ − Amendments (8)
H.AMDT.258
Amendment clarifies the guidelines in which a petition for payment of costs and expenses, including attorney's fees may be made.
H.AMDT.259
Amendment sought to add language providing guidelines for the legal determination of a frivolous complaint and provide that, if a defendant makes a motion to dismiss a suit within 90 days of the filing of the complaint, and the court finds it to be frivolous, the court must dismiss the claim and award counsel fees and legal costs to the defendant.
H.AMDT.260
Amendment to the McHale amendment (A002) sought to delete section 2 of the bill which provides for the awarding of costs and attorney's fees in Federal civil diversity litigation after an offer of settlement, and insert the language of the McHale amendment which deals with actions in the case of frivilous lawsuits.
H.AMDT.261
Amendment sought to limit the contingency fees attorneys can receive (when a qualifying settlement offer is made and accepted) to the lesser of the previously agreed-to hourly rate for work performed plus expenses or 10 percent of the amount of the settlement offer; and limit the contingency fees (when a qualifying settlement offer is made but rejected) to the total of no more than 33 percent of the difference between the final recovery and the settlement offer, the previously agreed-to hourly rate for work performed, and the attorney's actual expenses.
H.AMDT.262
Amendment to the Hoke amendment (A004) sought to impose the same contingency fee limitations on the attorneys of both the plaintiff and defendant.
H.AMDT.263
Amendment sought to reduce from 100 percent to 25 percent the prevailing party's cost and legal fee requirement under the "loser pays" provision; and allow the court to increase the reimbursement above 25 percent if it considers the loser was unreasonable in rejecting the last offer.
H.AMDT.264
Amendment sought to exempt civil rights cases, religious cases, and gender cases from the bill in terms of attorney sanctions and payments.
H.AMDT.265
Amendment sought to apply the bill's "loser pays" provisions only to claims against small businesses as defined under section 3 of the Small Business Act.
+ − Votes (8)
March 7, 1995: On Passage
- Yeas: 232
- Nays: 193
- Absent: 10
March 7, 1995: On Agreeing to the Amendment
- Yeas: 202
- Nays: 214
- Absent: 18
March 7, 1995: On Agreeing to the Amendment
- Yeas: 194
- Nays: 229
- Absent: 11
March 7, 1995: On Agreeing to the Amendment
- Yeas: 177
- Nays: 244
- Absent: 13
March 6, 1995: On Agreeing to the Amendment
- Yeas: 317
- Nays: 89
- Absent: 28
March 6, 1995: On Agreeing to the Amendment
- Yeas: 186
- Nays: 235
- Absent: 13
March 6, 1995: On Agreeing to the Amendment
- Yeas: 115
- Nays: 306
- Absent: 13
March 6, 1995: On Agreeing to the Amendment
- Yeas: 71
- Nays: 347
- Absent: 16