Re:How the DEA took a young man’s life savings without charg...
by wmil on Wednesday May 13, 2015 @09:22AM
(#9538660)
In general, not unless the judge rules the claim was made in bad faith. There are some specific exceptions.
Re:How the DEA took a young man’s life savings without charg...
by zaroth on Wednesday May 13, 2015 @02:59PM
(#9541196)
The Civil Asset Forfeiture Reform Act (CAFRA) ammended the law specifically in civil forfeiture cases so that you should be awarded attorney fees if you "substantially prevail". Unfortunately, the courts have decided to interpret this as meaning something mystical other than simply winning the case on the merits.
https://www.law.cornell.edu/uscode/text/28/2465 -- See (b)(1)
Re:How the DEA took a young man’s life savings without charg...
by pbhjpbhj on Wednesday May 13, 2015 @03:50PM
(#9541520)
... and attorneys that do win seem to find it hard to get their money, http://brendagrantland.com/truthjustice/tag/english-rule/.
Personally I think the American Rule is terrible in general, now I understand more why USA has [an appearance of having] so much litigation.
Don't injured parties receive costs from the perpetrators in USA courts? The risk may not be worth it but provided you have reasonable legal costs they get paid, surely? Also if the action is without due process or is malicious then you'd get punitive damages as well wouldn't you [which would have to be high to discourage the behaviour in the future]? At least in a democracy you'd have these things ...