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re: Prosecutorial Misconduct Reform
Posted on 1/19/24 at 11:34 am to NC_Tigah
Posted on 1/19/24 at 11:34 am to NC_Tigah
quote:
Sans countersuit, detail that claim
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.
This post was edited on 1/19/24 at 11:36 am
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