Rep. Jack D. Franks
Filed: 5/3/2011
 
 

 

 

 
09700SB2141ham001LRB097 10174 AJO 55001 a



1
AMENDMENT TO SENATE BILL 2141




2    AMENDMENT NO. ______. Amend Senate Bill 2141 on page 11, 
3below line 10, by inserting the following:
4    "(l) Attorney's fees and court costs. The court shall award 
5reasonable attorney's fees and court costs, when requested, in 
6an amount not to exceed $10,000 to counsel for the defendant if 
7the defendant is the prevailing party. In exercising its 
8discretion to determine the amount of attorney's fees, the 
9court shall consider, among other factors, the following:
10        (1) any action taken by the plaintiff prior to filing 
11    the action to obtain a retraction or other appropriate 
12    response from the defendant, and the timeliness of that 
13    action;
14        (2) the nature, extent, and quality of information 
15    supplied by the plaintiff to the defendant prior to filing 
16    the action when the plaintiff took the action described in 
17    paragraph (1);
18        (3) any action taken by the defendant, and the 
 
 
09700SB2141ham001- 2 -LRB097 10174 AJO 55001 a

1    timeliness of that action, to provide the plaintiff with a 
2    retraction or other appropriate response;

3        (4) the extent to which the plaintiff reasonably 
4    believed that the statement at issue was damaging to his or 
5    her reputation; and
6        (5) the complexity of the litigation.".