SENATE CONCURRENT RESOLUTION 46

(By Senators Trump, Weld, Maynard, Azinger, Rucker, Karnes, Cline, Smith, Swope, Clements, and Ferns)

[Originating in the Committee on the Judiciary; Reported on March 1, 2018]

Requesting the Joint Committee on the Judiciary study the potential creation of a legal system in West Virginia in which compensation is provided to victims of abusive lawsuits; and in which a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact; and in which a plaintiff can recover attorney’s fees and costs if the defendant raises a defense without any basis in law or fact; and to explore the policies of other states on the matter with a focus on their implementation and effectiveness for purposes of potential replication.

Whereas, Such a system could be an effective means by which to reduce the number of frivolous lawsuits in the state; and

Whereas, Other abusive, unnecessary, and potentially harmful lawsuits could be deterred by such a legal system; and

Whereas, Reductions in the volume of these lawsuits would help to alleviate some congestion in the West Virginia court system, allowing for justice to be more efficiently dispensed; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is requested to study the potential creation of a legal system in West Virginia in which compensation is provided to victims of abusive lawsuits; and a system in which a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact; and in which a plaintiff can recover attorney’s fees and costs if the defendant raises a defense without any basis in law or fact; and to explore the policies of other states on the matter with a focus on their implementation and effectiveness for purposes of potential replication; and, be it

Further Resolved, That the Joint Committee on the Judiciary enlist the assistance of the West Virginia Attorney General, the West Virginia State Bar, and the West Virginia Supreme Court of Appeals in conducting the study; and, be it

Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2019, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.