S.Amdt. 2793

SA 2793. Mr. CORNYN 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 37, between lines 22 and 23, insert the following:

(B) Exception.--The Administrator may by rule adopt a lower percentage limitation for particular classes of cases, if the Administrator finds that--

(i) the percentage limitation otherwise applicable under this subsection would result in unreasonably high compensation to representatives of claimants in such cases; and

(ii) such limitation would not unduly limit the availability of representatives to claimants.

(c) Reasonable fee for work actually performed.--In addition to paragraph (A), a representative of an individual may not receive a fee, unless--

(A) the representative submits to the Administrator appropriately detailed billing documentation for the work actually performed in the course of representation of the claimant; and

(B) the Administrator finds, based on the amount of the award made to a claimant under this Act and on billing documentation submitted by such claimant's representative, that the fee to be awarded for the work actually performed on behalf of the claimant does not exceed 200 percent of a reasonable hourly fee for such work.

On page 37, line 23, strike “(3)” and insert “(D)”.