re: Prosecutorial Misconduct Reform

quote:

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Sans countersuit, detail that claim

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Not sure what you mean, or why you would exclude counterclaims, since that is probably how you're going to have to recover reputation damages and those types of things--those are usually not included in the bucket with costs/fees/expenses/"direct" costs. But Louisiana at least has multiple statutes allowing for recovery of fees and costs in response to frivolous claims and appeals, and they wouldn't require a countersuit (or reconventional demand as it is called here). A defendant would simply invoke those statutes as part of its defense and request that the Court grant an award of its fees/costs/whatever the particular statute allows.