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Judiciary committee hears bill to let cities recover attorney fees from ‘frivolous’ suits
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Summary
Sen. Carolyn Bauson told the Judiciary Committee LB935 would let political subdivisions request attorney fees and costs when they must defend claims found to be frivolous or filed to harass public entities; city attorneys and municipal groups backed the bill, while senators pressed on timing and safeguards.
Sen. Carolyn Bauson, chair of the Judiciary Committee, opened the hearing on LB935 by saying the bill “strengthens accountability and fairness in civil litigation against Nebraska’s political subdivisions” by clarifying when a city, county or school district may seek attorney fees and costs.
Bauson told the committee the proposal “harmonizes and updates existing statutes” and would let political subdivisions request fees when a claim is dismissed as frivolous or intended primarily to harass. She said the bill preserves access to court for meritorious claims while deterring baseless suits.
David Levy, city attorney and testifying proponent, told senators the bill grew from repeated suits in small towns. Levy said LB935 would apply when a political subdivision successfully defeats a claim at early dispositive stages and then asks the court to determine whether fees are appropriate. “The court doesn’t have to award attorney fees,” Levy said, noting courts retain discretion and safeguards.
Members focused questions on timing and standards: several asked whether fee recovery would be limited to dismissal-stage rulings or could follow later-summary-judgment dismissals. Proponents said the intent is to target claims that are weak at the outset — the kind that fail to survive a motion to dismiss — and not cases litigated to a merits decision.
Senators also asked about existing case law and whether courts already had tools to address frivolous filings; witnesses pointed to scattered precedent and said the bill harmonizes different statutory sections to remove uncertainty for litigants and local governments.
The hearing closed with proponents asking the committee to advance LB935 for further consideration. No final action was taken at the session.
