Repeal Of Attorney Fees On Motions To Dismiss

Under current law, a defendant may be awarded reasonable attorney fees in tort actions if the case is dismissed on motion of the defendant prior to trial. The bill eliminates this provision. The bill exempts good faith and non-frivolous claims that are brought for certain specified purposes. In such claims, a defendant may not be awarded reasonable attorney fees if the case is dismissed on motion of the defendant prior to trial. The bill states that a defendant may not be awarded reasonable attorney fees if the case is dismissed on motion prior to trial in a case in which the plaintiff brought non-frivolous claims based on good faith in order to challenge precedent or for a similar reason.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)