William Moorhead

This is an unconscionable tax on innovation, a tax on American inventors for seeking to share with the American public the results of their creativity. This amendment offered by the gentleman from West Virginia proposes to take another $34…

Activation may include getting the different parts of the operating system through the RAM. Because the entire operating system may not entirely fit into the RAM, activation may proceed through a series of steps until the entire operating…

All I wanted to say is our committee does have a major responsibility. The Judicial Act of 1789 set up the Federal courts. Our committee, our Subcommittee on Courts, does have the responsibility of providing the judicial procedure that is…

Senior U.S. District Judge Milton Shadur of the northern district of Illinois said he generally would welcome the restoration of the old rule. "The most recent changes watered it down," he says, "by offering an out for lawyers who get…

Possibility. I say to the gentleman, ``I think you're just defeating loser pays.''

I just think, if the gentleman is not in favor of loser pays, of course he is not going to like this at all. But under the amendments that we have put into the bill, a lot of the sting of loser pays has been taken out already----

Latitude in every single case where they have not found that it will work an injustice. We have in our legislation that we have, we have provisions in those extreme cases where the judge does have a latitude.

I understand that, and I did comment on that in my comments, that you come to another argument when you go into that. You lead to further litigation and dispute as to whether the offer has been reasonable or unreasonable, many other things…

I say to the gentleman, ``Primarily because, whey you cut from 100 percent to 25 percent, you're gutting the very issue we're talking about.''

But actually it applies to both the defendant and the plaintiff. The plaintiff is not the only one that could be caught paying the other person's fees. But I can tell the gentleman that you can limit the amount of money you may have to pay…

I share the concern of the gentleman from Maryland. It is our intention that rule XI(c) be applied equally to all litigants, and that the Federal judges exercise no special restraint when dealing with the Federal Government.

One thing in this argument today, we have come up with the idea that plaintiffs are always poor and defendants are always rich. That is far from the truth. A plaintiff can pick a forum, he can file in the Federal court if there is…

I rise to oppose the Berman amendment to the McHale amendment and to oppose the McHale amendment. Mr. Chairman, the Berman amendment really destroys all the loser-pays provisions, and particularly the Goodlatte amendment, which we have…

To begin with, if the defendant was indigent, it would be totally uncollectable anyway. So it would be of no value to anybody to get it. I would imagine the plaintiffs would be willing to go along with, unless, unless it happened to be an…

I think that this bill has been totally misdescribed throughout the debate here. There are going to be far more people that have money, and have the ability to pay, that have to pay the other side's attorney's fees than will ever be able…

We do not discourage people who have a just claim from filing a lawsuit, and we even give them the opportunity up to 10 days before the case would come to trial to make a reasonable offer of settlement, so that if they have a claim, they…

The rope is going to be around anyone that has money far more than it is going to be around the neck of the working class person. I would rather have one judgment for fees against one man that had a little money than I would 10 or 50 or…

If the judge determines that it would be manifestly unjust for him to order those fees, he can avoid them.

But it still says that those class of expenses if they would be manifestly unjust, there is an exception.

First if he is as broke and poor as you say, of course, I would not want a judgment against him because it would not be worth very much. But there is a provision in the law that we are promoting that says if it would be manifestly unjust…

Yes, it is a correct interpretation of the committee's intent. The value of Daubert is that the Court spoke extensively about how rule 702 should be applied. In our report we make it very clear that we intend to codify Daubert and that we…