Document 0674
 DOCN  M95A0674
 TI    House passes bill encouraging settlement of civil suits. 
 DT    9510
 SO    AIDS Policy Law. 1995 Apr 7;10(6):5. Unique Identifier : AIDSLINE
       AIDS/95700286
 AB    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.
 DE    *Acquired Immunodeficiency Syndrome  *Disabled  Liability, Legal
       Politics  Prejudice  NEWSLETTER ARTICLE

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