5978-S.E AMH CHAB ADAM 125

ESSB 5978 - H AMD TO WAYS COMM AMD (H-4692.1/12) 1358

By Representative Chandler

WITHDRAWN 03/08/2012

    On page 12, beginning on line 30 of the striking amendment, after "the claim" strike all material through "harassment" on line 32 and insert "was frivolous and without reasonable cause under RCW 4.84.185"

EFFECT:   Provides that a prevailing defendant in a qui tam action conducted by a relator is entitled to an award of reasonable attorneys' fees and expenses if the claim was frivolous and without reasonable cause (rather than if it was clearly frivolous, clearly vexatious, or brought primarily for the purpose of harassment).

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