S.Amdt. 2766
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 365, between lines 118 and 19
InsertsInserted: (4) Limitations on attorney's fees and application of medical criteria.--
Inserted: (A) Attorney's fees.--
Inserted: (i) Definition.--In this subparagraph, 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.
Inserted: (ii) 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) Medical criteria for claims.--
Inserted: (i) In general.--Except as provided under clause (ii), the medical criteria under section 121(d) shall apply to any civil action described under paragraph (1).
Inserted: (ii) Nonpreemption of certain state criteria.--If any medical criterion under State law of the State in which a civil action described under paragragh (1) is filed has a greater requirement than any medical criterion of the medical criteria under section 121(d), the medical criterion of that State shall apply.
Original wording
On page 365, insert between lines 118 and 19, the following:
Change 2: Replaces “(4)” with “(5)”
ReplacesPage 363, line 19[struck: (4)][inserted: (5)]Original wording
On page 363, line 19, 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 2766. 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 365, insert between lines 118 and 19, the following:
(4) Limitations on attorney's fees and application of medical criteria.--
(A) Attorney's fees.--
(i) Definition.--In this subparagraph, 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.
(ii) 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) Medical criteria for claims.--
(i) In general.--Except as provided under clause (ii), the medical criteria under section 121(d) shall apply to any civil action described under paragraph (1).
(ii) Nonpreemption of certain state criteria.--If any medical criterion under State law of the State in which a civil action described under paragragh (1) is filed has a greater requirement than any medical criterion of the medical criteria under section 121(d), the medical criterion of that State shall apply.
On page 363, line 19, strike “(4)” and insert “(5)”.
On page 364, line 15, strike “(5)” and insert “(6)”.
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Senate amendment submitted
February 10, 2006