S.Amdt. 2758
What it does: 3 changes: inserts text, replaces text in 2 places
Sen. Jeff Sessions (R-AL)What it changes
3 changes to S.Amdt. 2746
Change 1: Inserts new text on page 363, between lines 18 and 19
InsertsInserted: (4) Limitations on attorney's fees.--
Inserted: (A) Limitation.--In any civil action described under paragraph (1)--
Inserted: (i) the limitations on attorney's fees under section 104(e) shall apply; or
Inserted: (ii) a court may award reasonable fees and expenses of attorneys.
Inserted: (B) Definition.--In this paragraph, the term "reasonable fees and expenses of attorneys" means fees and expenses that are based on prevailing market rates for the kind and quality of the services furnished, except that--
Inserted: (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States Government; and
Inserted: (ii) attorney's fees shall not be awarded in excess of a reasonable fee, unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys, for the proceedings involved justifies a higher fee.
Original wording
On page 363, insert between lines 18 and 19, the following:
Change 2: Replaces “(4)” with “(5)”
ReplacesPage 363, line 21[struck: (4)][inserted: (5)]Original wording
On page 363, line 21, strike “(4)” and insert “(5)”.
Change 3: Replaces “(5)” with “(6)”
ReplacesPage 364, line 15[struck: (5)][inserted: (6)]Original wording
On page 364, line 15, strike “(5)” and insert “(6)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2758. Mr. SESSIONS submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:
On page 363, insert between lines 18 and 19, the following:
(4) Limitations on attorney's fees.--
(A) Limitation.--In any civil action described under paragraph (1)--
(i) the limitations on attorney's fees under section 104(e) shall apply; or
(ii) a court may award reasonable fees and expenses of attorneys.
(B) Definition.--In this paragraph, the term “reasonable fees and expenses of attorneys” means fees and expenses that are based on prevailing market rates for the kind and quality of the services furnished, except that--
(i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the United States Government; and
(ii) attorney's fees shall not be awarded in excess of a reasonable fee, unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys, for the proceedings involved justifies a higher fee.
On page 363, line 21, strike “(4)” and insert “(5)”.
On page 364, line 15, strike “(5)” and insert “(6)”.
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Senate amendment submitted
February 9, 2006