An amendment numbered 1 printed in House Report 109-253 to include provisions imposing sanctions for the destruction of relevant documents in a pending Federal court proceeding; provisions for setting standards for a court's determination that certain court records should be sealed; and provisions providing for a presumption of a Rule 11 violation when the same issue is repeatedly relitigated. It also includes a clarification that makes clear that, in the anti-forum shopping provisions, if there is no State court in the county in which the injury occurred, the case can be brought in the nearest county where a court of general jurisdiction is located. The manager's amendment also makes clear that it does not affect personal injury claims that Federal bankruptcy law requires be heard in a Federal bankruptcy court.

1. 1

   Change 1: Rewrites page 4, lines 8–11

   ReplacesPrinted page

   Removes page 4, lines 8–11 of the printed bill. See that page

   Inserted: (a) In General.--Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located) or Federal district in which--

   Original wording

   Page 4, strike lines 8 through 11 and insert the following:

2. 2

   Change 2: Strikes “and”

   StrikesPage 5, line 23Printed page

   Struck: and

   Original wording

   Page 5, line 23, strike “and”.

3. 3

   Change 3: Replaces the period at the end of page 5, line 25 with “; and”

   ReplacesPrinted page

   …[struck: .][inserted: ; and]

   Original wording

   Page 5, line 25, strike the period at the end and insert “; and”.

4. 4

   Change 4: Inserts new text on page 5, line 25

   InsertsPrinted page

   Inserted: (C) does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code.

   Inserted: Page, 7, strike line 16 and all that follows through the end of the bill and insert the following new sections:

   Inserted: SEC. 7. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING SAME ISSUE.

   Inserted: Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on 3 consecutive occasions, and the claim or defense involves the same plaintiff and the same defendant, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure.

   Inserted: SEC. 8. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING FEDERAL COURT PROCEEDINGS.

   Inserted: Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding--

   Inserted: (1) shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and

   Inserted: (2) shall be held in contempt of court and, if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings.

   Inserted: SEC. 9. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT.

   Inserted: (a) In General.--In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record.

   Inserted: (b) Applicability.--This section applies to any record formally filed with the court, but shall not include any records subject to--

   Inserted: (1) the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or

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   Inserted: (2) applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.

   Original wording

   Page 5, after line 25, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed