SB 96 – will help our citizens and small businesses In an earlier writing, I mentioned SB 96, a bill to more strictly regulate vexatious litigation. Vexatious litigation is exactly what it sounds like – a legal action brought, regardless of merit, solely to harass an opponent. A citizen testified before the House Judiciary Committee about the 10 years of constant litigation (still ongoing) to which she has been subjected, despite numerous ruling from various Courts. NH State courts have found that traditional remedies – dismissal and awarding of fees to the harassed parties have been ineffectual in stopping such litigation. Dismissals are met with endless appeals and re-filing of identical or nearly identical suits. Awarding of fees doesn’t work if the harassing litigator is judgment proof either due to poverty or transfer of assets elsewhere. I have some interest and knowledge of this issue. The plight of ordinary people being harassed in this manner touched me, and as I did more research, I became aware of how vexatious litigation is becoming a significant issue both in New Hampshire and elsewhere. Folks being sued find themselves in a difficult financial position – often having to hire legal counsel, as well paying costs and fees. The emotional toll on these unfortunate citizens can be overwhelming. The endless Court appearances, scheduling and rescheduling, can take over one’s life. The burden on the Court system – paid for by all of us – is unnecessarily increased. So are the costs to mom and pop stores that are easy targets for these kinds of lawsuits. SB 96 will provide to the Courts a necessary, optional tool that will allow our Courts to protect ordinary individuals and small businesses from this form of abusive litigation. If a Court finds by clear and convincing evidence that a person has filed 3 or more suits for the purpose of harassment, this law (if signed by the Governor) will allow – but not mandate- the Court to require that the vexatious litigant appear through an attorney or person of good character or, in the alternative, post a bond covering fees and damages. A version of this Bill did not make it through a Conference Committee of House and Senate last year, due to a disagreement regarding an amendment that was not related to the purpose of this legislation. This time, the Bill passed the Senate easily but met with assorted complications in House Judiciary, as we tried to craft the best bill possible. It first left House Judiciary with a negative recommendation; on the House floor, the Bill was recommitted to House Judiciary (my Motion to Recommit!!) for more work; the Bill was amended in Committee and passed with a positive recommendation; the Bill as amended was passed by a sizeable majority in the House; and the Senate this past week agreed to the House version. Now it is on to the Governor for her consideration and expected signature. A nice win: a win for our citizens and small businesses, a win for our Courts and a win for the legislative process.
Posted on: Sun, 16 Jun 2013 17:13:53 +0000
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