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Utah Senate files 'loser pays' tort‑reform pilot after narrow second‑reading tally
Summary
A proposed pilot to shift attorney‑fee awards claim‑by‑claim drew extensive debate over fairness and judicial burden; after close roll‑call votes the Senate reported the measure filed rather than advancing to third reading.
Senator Thomas, sponsor of second substitute Senate Bill 92, urged the Senate to advance a limited "loser pays" pilot that would allow courts to award attorney fees on a claim‑by‑claim basis and use a federal prevailing‑party standard, arguing it would curb broad "catch‑all" litigation. "This is probably the most important tort reform legislation that we're gonna consider this session," Thomas said while explaining the proposal.
Opponents and cautious supporters pressed the sponsor on scope and practical effects. Senator Aaron read an Alaska study that warned fee‑shifting reforms can have complex and sometimes chilling effects on access to justice, saying the system "did not show that Alaska's system significantly deterred frivolous litigation." Senators raised worries that middle‑class plaintiffs might be discouraged from bringing meritorious suits by the risk of owing the other side's fees.
Senator Madsen expressed concern about placing a new burden on judges to determine a market rate for legal services, suggesting parties be allowed to stipulate fees beforehand. Senator McCoy asked whether professional‑negligence and federal antitrust claims would be swept in; the sponsor said the bill targets state tort claims and could be refined by amendment.
After final exchanges and a roll‑call on whether SSB 92 should be read for a third time, the clerk recorded 12 yes votes, 11 nays and 6 absences and announced the measure would be filed rather than advanced. The record shows extensive floor debate but no final adoption of the pilot at this session stage.
