mr. chairman , i yield myself such time as i may consume . 
mr. chairman , i support h.r. 420 , the lawsuit abuse reduction act of 2005 . 
frivolous lawsuits bankrupt individuals , ruin reputations , drive up insurance premiums , increase health care costs , and put a drag on the economy . 
frivolous lawsuits are brought , for example , when there is no evidence that shows negligence on the part of the defendant . 
these nuisance lawsuits make a mockery of our legal system . 
of course , many americans have legitimate legal grievances , from someone wrongly disfigured during an operation to a company responsible for contaminating a community 's water supply . 
no one who deserves justice should be denied justice ; however , gaming of the system by a few lawyers drives up the cost of doing business and drives down the integrity of the judicial system . 
let me give some examples . 
the chief executive officer of san antonio 's methodist children 's hospital was sued after he stepped into a plaintiff 's hospital room and asked how the patient was doing . 
of course , a jury cleared him of any wrongdoing . 
a pennsylvania man sued the frito-lay company claiming that doritos chips were `` inherently dangerous '' after one stuck in his throat . 
after 8 years of costly litigation , the pennsylvania supreme court threw out the case , writing that there is `` a commonsense notion that it is necessary to properly chew hard foodstuffs prior to swallowing. '' but , of course , the defendants had to absorb hundreds of thousands of dollars in legal fees . 
in a new jersey little league game , a player lost sight of a fly ball hit because of the sun . 
he was injured when the ball struck him in the eye . 
the coach , who was forced to hire a lawyer after the boy 's parents sued , had to settle the case for $ 25 , 000 . 
today almost any party can bring any suit in almost any jurisdiction . 
that is because plaintiffs and their attorneys have nothing to lose . 
all they want is for the defendant to settle . 
this is legalized extortion . 
it is lawsuit lottery . 
defendants , on the other hand , can unfairly lose their lifetime savings , their careers , their businesses , and their reputations . 
this is simply not justice . 
there is a remedy : the lawsuit abuse reduction act . 
it passed the house last year by a margin of almost 60 votes . 
the bill applies to both plaintiffs who file frivolous lawsuits to extort financial settlements and to defendants who unnecessarily prolong the legal process . 
if a judge determines that a claim is frivolous , they can order the plaintiff to pay the attorneys ' fees of the defendant who was victim of their frivolous claim . 
this will make a lawyer think twice before filing a frivolous lawsuit . 
it is a problem that even the american trial lawyers association has tried to address in its own code of conduct by declaring , `` no american trial lawyers association member shall file or maintain a frivolous suit , issue , or position. '' however , atla has not disciplined a single attorney for violation of this code of conduct in the last 2 years . 
this legislation also prevents forum shopping . 
it requires that personal injury claims be filed only where the plaintiff resides , where the injury occurred , or the defendant 's principal place of business is located . 
this provision addresses the growing problem of attorneys who shop around the country for judges who routinely award excessive amounts . 
one of the nation 's wealthiest trial lawyers , dickie scruggs , has told us exactly how this abuse occurs . 
here is what he says about forum shopping : `` what i call the magic jurisdiction ... .. 
is where the judiciary is elected with verdict money . 
the trial lawyers have established relationships with the judges that are elected ; they 're state court judges ; they 're populists . 
they 've got large populations of voters who are in on the deal . 
they 're getting their piece in many cases . 
and so it 's a political force in their jurisdiction , and it 's almost impossible to get a fair trial if you 're a defendant in some of these places . 
the plaintiff lawyer walks in there and writes the number on the blackboard , and the first juror meets the last one coming out the door with that amount of money ... .. 
any lawyer fresh out of law school can walk in there and win the case , so it does n't matter what the evidence or law is. '' forum shopping is a part of lawsuit abuse , and we must pass legislation to stop it from occurring . 
even several largely recognized democrats have acknowledged the need to end frivolous lawsuits . 
for instance , the john kerry for president campaign endorsed national legislation in which `` lawyers who file frivolous cases would face tough mandatory sanctions. '' and former vice presidential candidate senator edwards stated , `` lawyers who bring frivolous cases should face tough , mandatory sanctions. '' the lawsuit abuse reduction act is sensible reform that will help restore confidence to america 's justice system . 
mr. chairman , the following organizations support h.r. 420 : american tort reform association , national association of home builders , national association of manufacturers , national restaurant association , american insurance association , and the united states chamber of commerce . 
and this legislation is the top legislative priority of the national federation of independent businesses . 
mr. chairman , i reserve the balance of my time . 
