SB 668
Providing compensation to victims of abusive lawsuits
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill aims to provide compensation to individuals who have been harmed by abusive lawsuits in West Virginia. It establishes that if a court dismisses a lawsuit because it lacks legal basis, the prevailing party can request the court to award reasonable attorney’s fees and costs. The court will grant these fees if the claim was presented for improper purposes, lacked evidentiary support, or was based on repeated frivolous litigation, and the party or attorney involved has a history of similar actions.
Key provisions
- A party can request attorney’s fees and costs after a court dismisses a claim as lacking legal basis.
- The court will award fees if a claim was presented for improper purposes, lacked evidentiary support, or was based on repeated frivolous litigation.
- The court must provide notice and an opportunity for a party to respond before awarding fees.
- Attorney’s fees awarded will not exceed the amount directly related to the abusive conduct.
- Law firms will be jointly responsible for violations committed by their employees.
- The bill does not apply to pro se litigants unless the court finds their actions were unreasonable.
- Fees and costs can be reduced or waived if awarding them would impose an unreasonable burden.
- The award of fees is stayed until a final, non-appealable judgment is rendered.
Who is affected
- Individuals involved in civil lawsuits
- Attorneys
- Law firms
- Parties filing lawsuits
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