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House passes HB 85 to allow narrow attorney‑fee awards in suits against government actors
Summary
The Utah House passed House Bill 85, a narrowly drawn change to allow courts to award reasonable attorney’s fees in certain suits that vindicate broadly held constitutional rights against government actors; supporters said it encourages Utah courts to develop state constitutional law, while opponents warned it could spur litigation.
SALT LAKE CITY — The Utah House of Representatives on Feb. 24 passed House Bill 85, a measure that would permit courts to award reasonable attorney’s fees and costs to a prevailing party in certain lawsuits against government actors that vindicate a constitutionally protected right of broad public importance. Representative Green, the bill sponsor, framed the proposal as a narrowly crafted way to encourage litigation over Utah law to proceed in state court rather than federal court.
"This is a very narrowly crafted provision," Representative Green told the…
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