Lawsuit Abuse Reduction Act Would Amend Federal Rule of Civil Procedure 11 – Wm. Daniel Davis, Partner, Ichter Davis LLC

On March 20, 2017, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act of 2017 (“LARA”). If enacted, the bill would reintroduce mandatory sanctions for filing a frivolous claim and remove the 21-day safe harbor provision, thereby undoing amendments to Rule 11 of the Federal Rules of Civil Procedure.

Currently, Rule 11 gives the courts discretion to order sanctions against an attorney or litigant who brings a frivolous claim. Under LARA, in such a case, the court would be required to order sanctions in the form of “the amount of the reasonable expenses incurred as a direct result of the violation, including reasonable attorneys’’ fees and costs.” The courts would retain their discretion to order additional sanctions, but LARA clarifies what those additional sanctions might be: “striking the pleadings, dismissing the suit, or other directives of a non-monetary nature, or, if warranted for effective deterrence, an order directing payment of a penalty into the court.”

LARA’s second major change to Rule 11 would be to remove the 21-day safe harbor period that was introduced in 1993. Currently, prior to filing a claim of frivolous pleadings, a challenged party must receive notice and has twenty-one (21) days to amend or withdraw a challenged claim before sanctions may be imposed.

On March 13, 2017, the Bill was received in the Senate and was referred to the Senate Judiciary Committee. The Senate has yet to vote.

For further information, please contact Dan Davis of Ichter Davis LLC at 404-869-5261 or ddavis@ichterdavis.com.

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03:34 07 Dec 22

Dan Davis provided excellent legal representation. He was always happy to answer any questions I had and was very responsive. I was lucky to find Ichter Davis, and I will certainly retain their services again if the need arises.

George Jaramillo

16:16 09 Nov 20

Had a great experience working with William Dan Davis with Ichter Davis LLC. Dan is highly responsive and has an excellent understanding of business law and litigation. I highly recommend him and this firm.

21:24 14 Oct 20

I could not be happier with the service and representation I received from Ichter Davis law firm. They are professional and I was very impressed with their attention to detail. The price was reasonable and worth every penny. I would absolutely recommend this law firm and if I never need an attorney in GA I will most definitely be using them again.

21:42 15 Sep 20

They were able to resolve my case to my satisfaction in reasonable time and cost to me.

19:02 19 May 20

William Dan Davis & Cary Ichter are as good as it gets…. And for less.Hopefully, you will not need an Attorney any time soon, but if you do, these are the guys you will wantWe (BrightWell Talent Solutions) have used many firms and lawyers in our past dealings (both for personal and business matters) and no firm has come close to this one for results, service, and most importantly reasonable fees for top tier Legal mindsWhy pay silk-stocking firms higher rates for less service and outcomes? We learned that lesson the hard wayAt Ichter Davis, you matter. As a smaller firm they seem to care more about each case they take on and have 110% focus on client satisfaction and outcomesWe could not be happier with their services and results and, surprise: NO over billing or unexpected chargesSo, do yourself a favor and check in with these guys before you hire anyone to address your legal needs

Robert J. 'Bob' Shaw

22:34 29 Apr 20

My name is Bob Shaw. I have been the Chairman of the Development Authority of Fulton County (DAFC) since 2002. Since 2010, Cary Ichter has been DAFC's lead litigation counsel. Cary's first case with DAFC was a complex case in which a county resident challenged DAFC's bonds for a title program, a program which has resulted in the successful development of billions of dollars of projects and the creation of tens of thousands of jobs in Fulton County. Our adversary claimed that the program was illegal and unconstitutional, and sought to unravel over $5 billion worth of projects, which would have been a disaster for the businesses involved, their employees and their tenants. That case went to the Supreme Court twice. On the second trip, the Supreme Court affirmed the trial court's granting of DAFC's motion for summary judgment. In other words, we won - a $5 billion dispute! Cary handled that litigation every step of the way.Cary has also handled all of DAFC's bond validation hearings for about the past ten (10) years. In that time, DAFC has financed another roughly $5 billion in projects and had again created countless jobs in Fulton County. Many of those cases were appealed by the opponents of the transactions, and Cary has handled all of those appeals. We have won every single appeal, making new law in some cases.Cary Ichter is fantastic in the courtroom for a number of reasons. Experience, Preparation, Intelligence and Commitment to the client. I wholeheartedly endorse and recommend Cary Ichter and Ichter Davis without reservation or hesitation. They are simply outstanding.

Sabrina Kirkland

13:08 29 Apr 20

My name is Al Nash. I have been the Chief Executive Officer of the Development Authority of Fulton County (DAFC) since 2015. During my entire time with DAFC, Cary Ichter has been our lead litigation counsel.During the entire time I have been with DAFC, Cary has handled all of our bond validation hearings. In that time, DAFC has financed billions of dollars in projects and had created thousands upon thousands of jobs in Fulton county. I have been called upon to testify in contested bond validations, and every time that has happened, Cary has prepared me with great attention and care. And every time we have had a contested validation proceeding, we have won—every time. Most recently, Cary led a team to validate bonds to finance a $230 million redevelopment of Phipps Plaza. When we won the case before the trial court, the opponent of the transaction appealed. Although the opponent was represented by well-known and able counsel, we won before the Court of Appeals in a unanimous decision. Cary argued before the Court of Appeals on behalf of DAFC.Cary Ichter is the kind of lawyer who learns his clients’ business, no matter how complex, and finds a way to explain it in simple terms. In fact, Cary now consults with our bond lawyers regarding the content of the bond documents. I would recommend Cary Ichter and Ichter Davis for any kind of litigation they are willing to handle. They are truly exceptional at what they do.

13:40 24 Apr 20

The gang at Ichter and Davis do not play around like other attorneys I’ve dealt with. Had a serious problem within my company and these guys got it fixed swiftly and completely. There’s a certain piece of mind you get with professional, aggressive, and knowledgeable attorneys that do what they say they can do. I will not hesitate to use them again.

15:26 22 Apr 20

Cary Ichter is, by far, the most exceptional litigator in the state of Georgia. His knowledge of state and federal laws, his ability to retain even the most miniscule of details associated with a case, his preparation for depositions and court appearances are all unsurpassed. When Ichter is listed as attorney of record, opposing counsels tremble. There is nothing more that one would want or hope for in legal representation.

15:01 20 Apr 20

Cary Ichter is a superb lawyer who obtains excellent results for his clients. He fights for his clients yet has a realistic and practical approach to dispute resolution. I've known Cary for many years. He is a fine person and a consummate professional.

19:38 19 Apr 20

I am incredibly fortunate to have found Ichter Davis. Cary Ichter was willing to take work on my behalf that was, by admission of other less formidable attorneys, beyond their skills. Cary is a fighter who dedicates himself to his clients. I have personally seen Cary continuously go "above and beyond" to source expert resources and specialists to advance his client's interests.Cary has expansive knowledge of the law, is a master of its interpretation and upholds the highest ethical standards in its practice. His reputation within the Georgia legal community is exceptional. Even if Cary has been on vacation or in the middle of a trial, I have always found him to be accessible - whether over the phone, via e-mail. You want an attorney who has experience in mediation, negotiation, trial and the court system. Cary has these experiences in abundance - and a consistent track record of winning on behalf of his clients. Choosing Cary as legal counsel is one of the best decisions I have ever made.

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