Utah Code 78B-8-504. Litigation expense award authorized in actions by state
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Terms Used In Utah Code 78B-8-504
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Small business: means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business. See Utah Code 78B-8-503
- State: means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under 31. See Utah Code 78B-8-503
In any civil judicial action commenced by the state, which involves the business regulatory functions of the state, a court may award reasonable litigation expenses to any small business which is a named party in the action if the small business prevails and the court finds that the state action was undertaken without substantial justification.
Renumbered and Amended by Chapter 3, 2008 General Session