The phrase
"unsuccessful plaintiff" refers to a person who has filed a lawsuit against someone else but did not win their case or obtain the outcome they desired.
Full definition
The recommendations included legislative changes to permit judges to award costs
against unsuccessful plaintiffs and provide protection to end users of products from patent infringement lawsuits.
In general then, what this case demonstrates is the very real possibility for an award of costs against
an unsuccessful plaintiff to be quite substantial.
«The plaintiffs seem to suggest that where five separate motions for summary judgment are brought against it,
an unsuccessful plaintiff should not be responsible for more than one - fifth of its own substantial indemnity costs to any one successful party,» Brown wrote.
In contrast, in many U.S. jurisdictions,
the unsuccessful plaintiff may only have to pay its own legal fees, with no obligation to pay the successful defendants legal fees.
Although it is unusual for a trial judge to award costs to
an unsuccessful plaintiff it is not barred by the Rules of Court.
When considering whether to award a successful plaintiff double costs or deny
an unsuccessful plaintiff their costs, the fundamental question is always whether the offer that was beaten was one that ought reasonably to have been accepted.
3 Nov. 29, 2017)(published), the Second District, Division 3 DCA decided that a supervising employee FEHA defendant had to meet the same frivolousness standard as applicable to employer defendant with respect to recovering fees from
an unsuccessful plaintiff.