H 401 Vermont House · 2023-2024 Regular Session

An act relating to abusive litigation

This bill requires Vermont courts to review civil lawsuits filed by individuals who have previously filed three or more cases as plaintiffs. If a court determines the new lawsuit is abusive - meaning it lacks legal or factual basis, aims to harass the defendant, or involves issues already lost in prior litigation - the plaintiff must hire an attorney or prove they cannot afford one. If the plaintiff cannot meet this requirement, the court must dismiss the case and award the defendant reasonable costs, attorney fees, and potentially punitive damages. The law applies specifically to cases in the Civil Division of the Superior Court and takes effect immediately upon passage.
Bill status introduced 1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
Governor
Introduced Feb 28, 2023 Last action Feb 28, 2023
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Full legislative history

Actions timeline

Total actions
1
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0
Committee
0
Feb 28, 2023
Introduced
Read first time and referred to the Committee on Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
JC
Jim Carroll
DDemocratic
VT
Bennington-5