Representative Smith, for himself and Mr. MacGyver, Mr. Lindsay, Mr. Murphy, Mr. Sullivan, Mr. Hollins and Mr. Harper, submits

A Bill

For Comprehensive Tort Reform in the United States

Section 1. Short Title

This bill shall be known as the Tort Reform Act.

Section 2. Findings

(A) Every year, the American Civil Court system is deluged with frivolus lawsuits
(B) Punative Damages have been growing exponentially for decades
� Medical Malpractice costs, and thus medical costs, are rising at an exponential rate and forcing doctors out of the medical profession
(D) Civil trial lawyers are profiting off of high settlements thus driving up settlement costs

Section 3. Provisions

(A) Damage Awards
(1) In civil cases where there are tangible damages, but no severe physical or emotional injury, intangible damages may be awared in addition to the full amount of tangible damages, but not to exceed 25% of the tangible damage award
(2) In civil cases where there is no tangible damage, such as in cases of aggrivated or sexual harrassment, or cases where there is severe physical or emotional injury or resultant death, there shall be no limit on intangible damages.
(3) Severe physical or emotional injury shall be detirmined by an appropriate medical authority hired by the court.


(B) Class Action Lawsuits
(1) Damages awarded in class action lawsuits may only equal the damages allowed under Section 3(B) of this bill for the individuals who signed on to the suit only. The practice of giving civil damage awards to non-lawsuit participants is hereby abolished.

� Friviolous Lawsuits
(1) For each Federal Circut, a permanent three judge panel will be established to review civil claims.
(a) The Panel will be appointed by the President with the advice and consent of the House.
(2) The Panel will be empowered, if all three judges agree, to summarily throw out cases found to be frivilous.

Section 4. Clarification
(1) All laws in contradiction to this legislation are hereby amended to conform to this act
(2) This act applies to Federal Courts only.

Section 5. Enactment

Sections 3(A) and 3(B) shall go into effect immediately upon passage, Section 3� shall go into effect six months after passage to allow the President and the Senate to complete the confirmation process ahead of time.