Mr. Conyers moves to recommit H.R. 988 back to the Committee on the Judiciary with instruction to report back forthwith with the following amendment: Strike section 2 of the bill, and insert the following: SEC. 2. AWARD OF COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION. Section 1332 of title 28, United States Code, is amended by adding at the end the following: ``(e) Awards of Fees and Expenses.-- ``(1) Authority to award fees and expenses.--In any action over which the court has jurisdiction under this section, if the court enters a final judgment against a party litigant on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon motion by the prevailing party, determine whether (A) the position of the losing party was not substantially justified, (B) imposing fees and expenses on the losing party or the losing party's attorney would be just, and (C) the cost of such fees and expenses to the prevailing party is substantially burdensome or unjust. If the court makes the determinations described in clauses (A), (B), and (C), the court shall award the prevailing party reasonable fees and other expenses incurred by that party.
Editor's note · Context
Discussing a motion to recommit H.R. 988 regarding attorney's fees in federal civil diversity litigation.
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