The answer is that plaintiff has brought the lawsuit and has incurred those costs upon the defendant in a case where the judge has found the lawsuit never should have been brought. That is what fee shifting is all about. If the plaintiff wins the case, the judge has the capacity to award the plaintiff such damages as the plaintiff incurred, and in many cases that includes much of his expenses. It is only in the case where the judge says you never should have brought this case and it would not be unjust for you to have to pay the fees of a person you made hire an attorney and go through all this mess for nothing that we require the bond.
William Tauzin: “The answer is that plaintiff has brought the lawsuit and has incurred those costs upon the defendant in a case where the…”
Editor's note · Context
Discussing the implications of fee shifting in legal cases.
Share
More from William Tauzin
Let me join in expressing the sorrow of the folks in Louisiana for your loss in South Carolina. We will pray for his soul. Mr. Speaker, the Democratic substitute in this debate can be summed up rather easily. According to CBO, it will…
In fact, we have been asked so many times, is this a free-speech issue. The United States Constitution gives you the right to speak; it does not give you the right to be heard. None of us have an obligation to listen if we do not want to…
Mr. Speaker, let me again emphasize this is extraordinary. The court decision came out yesterday. The leadership of this House authorized this bill to the floor today. We are about to pass this bill, I believe the Senate is about to do the…
The Secretary should perform these reviews as expeditiously as possible once the R&D or procurement has started so as to prevent any exports of countermeasures or countermeasure R&D that could harm our U.S. national security.





