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re: Does anyone hope that the La. legislature will pass a "loser pays" law?
Posted on 2/14/17 at 3:47 pm to LSURussian
Posted on 2/14/17 at 3:47 pm to LSURussian
Shouldn't there be a standard to meet to determine that the loser pays?
If it's a close case, then each side probably had a legitimate claim, as opposed to a frivolous suit, like judge in DC who sued the dry cleaners for losing a piece of clothing.
If it's a close case, then each side probably had a legitimate claim, as opposed to a frivolous suit, like judge in DC who sued the dry cleaners for losing a piece of clothing.
Posted on 2/14/17 at 3:49 pm to buckeye_vol
quote:
If it's a close case, then each side probably had a legitimate claim, as opposed to a frivolous suit, like judge in DC who sued the dry cleaners for losing a piece of clothing.
most jurisdictions have this, including LA. CCP 863
quote:
B. Pleadings need not be verified or accompanied by affidavit or certificate, except as otherwise provided by law, but the signature of an attorney or party shall constitute a certification by him that he has read the pleading, and that to the best of his knowledge, information, and belief formed after reasonable inquiry, he certifies all of the following:
(1) The pleading is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation.
(2) Each claim, defense, or other legal assertion in the pleading is warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law.
(3) Each allegation or other factual assertion in the pleading has evidentiary support or, for a specifically identified allegation or factual assertion, is likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
(4) Each denial in the pleading of a factual assertion is warranted by the evidence or, for a specifically identified denial, is reasonably based on a lack of information or belief.
quote:
D. If, upon motion of any party or upon its own motion, the court determines that a certification has been made in violation of the provisions of this Article, the court shall impose upon the person who made the certification or the represented party, or both, an appropriate sanction which may include an order to pay to the other party the amount of the reasonable expenses incurred because of the filing of the pleading, including reasonable attorney fees.
Posted on 2/14/17 at 3:54 pm to buckeye_vol
quote:
Shouldn't there be a standard to meet to determine that the loser pays?
Yeah. So you sue for $250,000 and win $20,000 at trial. Is that a win? For which side?
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