SB 2090
Abusive website litigation act
Abusive Website Litigation Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Bill overview
Creates the Stop Abusive Website-Access to Litigation Act. Authorizes the Attorney General to file a civil action in a State court against a party, attorney, or law firm that initiated the litigation that alleges any website-access violation for a determination as to whether it is abusive litigation. Provides that in determining whether the litigation alleging a website-access violation constitutes abusive litigation, the trier of fact shall consider the totality of the circumstances to determine if the primary purpose of the litigation that alleges a website-access violation is obtaining a payment from a defendant because of the costs of defending the action in court. Creates criteria for the trier of act to determine if the litigation is abusive under the Act. Provides that if the trier of fact determines that the litigation qualifies as abusive litigation under the Act, the court may award reasonable attorney's fees and costs to the defendant. Provides that the court may also award punitive damages not to exceed 3 times the amount of attorney's fees awarded by the court.
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