Legal Expense Equity Act of 2004
Latest action. Referred to the subcommitteeA smaller panel inside a standing committee with jurisdiction over a slice of its subject matter. Most hearings and the first markup usually happen here.Read the full definition (opens a new tab) on Courts, the Internet, and Intellectual Property.
Legal Expense Equity Act of 2004 - Amends the Federal judicial code to authorize parties in civil diversity litigation to serve written settlement offers on an adverse party at any time not less than 10 days before trial.
Authorizes the court, at any time before judgment is entered, to exempt from settlement any claim that presents a novel and important question of law or fact that substantially affects nonparties. Voids all settlement offers made by the parties with respect to such exempted claims.
Authorizes an offeror whose proposed settlement was declined by an offeree to file a petition with the court seeking payment by the offeree of costs and fees, including attorney's fees, from the date of the last settlement offer by either party if the ultimate judgment or order is not more favorable to the offeree than the proposed settlement. Requires the court to order payment by the offeree in such circumstances unless requiring payment would be manifestly unjust.
Limits attorney's fees ordered under this Act to: (1) the actual attorney's fees incurred by the offeree in connection with the claim; or (2) if no such cost was incurred due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree absent a contingency fee agreement.
States that this Act does not apply to claims seeking equitable remedies.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on May 20, 2004. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 28, 2004: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 108th Congress (2003-04), 498 of the 8,623 bills and joint resolutions introduced became law, about 5.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Chris Chocola (R-IN) introduced it on May 20, 2004, and 54 members have since signed on as cosponsors.
They are 54 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 20, 2004, 8196 days ago. The most recent recorded action was 8157 days ago, on June 28, 2004.
Measures do not carry over. Anything the 108th Congress has not finished by January 3, 2005 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers