SB2141ham001 97TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 5/3/2011

09700SB2141ham001 LRB097 10174 AJO 55001 a

AMENDMENT TO SENATE BILL 2141

AMENDMENT NO. ______. Amend Senate Bill 2141 on page 11, below line 10, by inserting the following:

"(l) Attorney's fees and court costs. The court shall award reasonable attorney's fees and court costs, when requested, in an amount not to exceed $10,000 to counsel for the defendant if the defendant is the prevailing party. In exercising its discretion to determine the amount of attorney's fees, the court shall consider, among other factors, the following:

(1) any action taken by the plaintiff prior to filing the action to obtain a retraction or other appropriate response from the defendant, and the timeliness of that action;

(2) the nature, extent, and quality of information supplied by the plaintiff to the defendant prior to filing the action when the plaintiff took the action described in paragraph (1);

(3) any action taken by the defendant, and the timeliness of that action, to provide the plaintiff with a retraction or other appropriate response;

(4) the extent to which the plaintiff reasonably believed that the statement at issue was damaging to his or her reputation; and

(5) the complexity of the litigation.".