A bill for an act relating to vexatious litigation and providing penalties.

Plain English Breakdown

Checked against official source text during the last sync.

Law to Stop Unfair Lawsuits

This law makes it illegal for people or their lawyers to file lawsuits without a good reason and punishes them if they do.

What This Bill Does

• Defines vexatious litigation as filing, bringing, defending, or asserting a civil claim in bad faith or with no reasonable basis in law or fact.
• Makes it a serious misdemeanor for someone or their lawyer to engage in vexatious litigation.
• Sets penalties for committing a serious misdemeanor, including possible jail time and fines ranging from $430 to $2,560.

Who It Names or Affects

• People who file lawsuits without good reasons
• Lawyers representing clients in vexatious litigation

Terms To Know

vexatious litigation

Unfair or abusive legal actions that are not based on a reasonable belief of law or fact.

serious misdemeanor

A criminal offense punishable by up to one year in jail and fines ranging from $430 to $2,560.

Limits and Unknowns

• The bill does not specify how courts will determine if a lawsuit is vexatious.
• It is unclear what the exact consequences are for lawyers who engage in vexatious litigation.

Official Summary Text

A bill for an act relating to vexatious litigation and providing penalties.

Current Bill Text

Senate

File

291

-

Introduced

SENATE

FILE

291

BY

DICKEY

A

BILL

FOR

An

Act

relating

to

vexatious

litigation

and

providing

1

penalties.

2

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

3

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91

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S.F.

291

Section

1.

NEW

SECTION

.

720.6A

Vexatious

litigation.

1

A

person

or

person’s

counsel

that

files,

brings,

defends,

2

or

asserts

a

civil

claim

against

another

person

in

bad

faith

3

or

without

a

reasonable

basis

in

law

or

fact

commits

a

serious

4

misdemeanor.

5

EXPLANATION

6

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

7

the

explanation’s

substance

by

the

members

of

the

general

assembly.

8

This

bill

relates

to

vexatious

litigation

and

provides

for

9

penalties.

The

bill

provides

that

a

person

commits

a

serious

10

misdemeanor

if

the

person

or

the

person’s

counsel

files,

11

brings,

defends,

or

asserts

a

civil

claim

in

bad

faith

or

with

12

no

reasonable

basis

in

law

or

fact.

13

A

serious

misdemeanor

is

punishable

by

confinement

for

no

14

more

than

one

year

and

a

fine

of

at

least

$430

but

not

more

than

15

$2,560.

16

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