We are Fucked up in this Country: Rachel Maddow talking about the parents having to pay.

[diabeticman]

Colorado law says anyone who sues a gun manufacture (And loose) have to pay court cost for the manufacture (and this is only for gun makers/bullets)


Got to fucking love Corporate America!

[jeff47]

1. Uh, that's true of any civil suit.

If you sue, and you lose, the defendant can counter-sue for attorney's fees. It's not a special "guns only" rule.

[WillowTree]

2. And not only Colorado. And not only individual against corporatation.

[bullwinkle428]

3. Wrong - the defendant DID NOT counter-sue. Colorado law required that the plaintiffs

pay the court costs and attorneys' fees simply because they were on the losing end of the suit.

[jeff47]

6. And that's true of any suit. Not a guns only law.

And the defendant still has to ask for it. One of the defendants did not.

[Whiskeytide]

4. Actually - that's not quite accurate...

... the party that loses a civil action can be taxed costs, but typically NOT attorney's fees unless there is a statutory basis for the fees or a contractual provision calling for them. Costs can get hefty, but typically only include court costs (filing fees, subpoena costs) and sometimes expenses like deposition costs, travel expenses, exhibit preparation costs, etc... And the judges have some discretion on a lot of it.

The OP says "costs". I haven't seen TRMS, and have not read the bill - so maybe it does include attorney's fees. But that would be an exception to the general common law in most states.

[jeff47]

7. My understanding is CO has a general "loser pays" law.

But it still requires the defendant to ask for it.

[Whiskeytide]

8. I read an article about it...

... the defendants DID file motions seeking the fee and cost awards. The article is a little vague, but does say the CO statute allows reasonable attorneys fees. That's a special statutory provision - I'm sure lobbied for and included in the tort reform laws that have swept the nation over the last 15-20 years.

http://blog.thomsonreuters.com/index.php/parents-lost-daughter-mass-shooter-now-owe-220000-suppliers/

[hack89]

5. The parents got really bad legal advice

it is not like the laws are not crystal clear and it was obvious to most observers that they had no legal leg to stand on.

[NaturalHigh]

9. Not unusual.

If you file a frivolous lawsuit and lose, expect to pay all of the attorney's fees. Otherwise, any yokel could decide he has a grudge against a company or his neighbor and either drive them out of business or into bankruptcy or just sue until they pay him to go away.

This is a good law, and there are many like it to protect companies and individuals.