2018 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS .784 Authorized civil action for violation of KRS 311.782.
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311.784 Authorized civil action for violation of KRS 311.782.
(1)
(2)
(3)
As used in this section:
(a) "Conduct" means the:
1.
Filing of a civil action;
2.
Assertion of a claim, defense, or other position in connection with a
civil action;
3.
Filing of a pleading, motion, or other document in a civil action,
including but not limited to a motion filed for discovery purposes; or
4.
Taking of any other action in connection with a civil action; and
(b) "Frivolous conduct" means the conduct of a party to a civil action or a
party's counsel of record in a civil action that:
1.
Obviously serves merely to harass or maliciously injure another
party to the civil action or is for another improper purpose, including
but not limited to causing unnecessary delay or a needless increase
in the cost of litigation;
2.
Is not warranted under existing law, cannot be supported by a
good-faith argument for an extension, modification, or reversal of
existing law, or cannot be supported by a good-faith argument for
the establishment of new law;
3.
Consists of allegations or other factual contentions that have no
evidentiary support or, if specifically so identified, are not likely to
have evidentiary support after a reasonable opportunity for further
investigation or discovery; or
4.
Consists of denials or other factual contentions that are not
warranted by the evidence or, if specifically so identified, are not
reasonably based on a lack of information or belief.
Any woman upon whom an abortion has been performed in violation of KRS
311.782, or the father of the unborn child who was the subject of such an
abortion, may commence a civil action against the person who intentionally
violated KRS 311.782 for actual and punitive damages, court costs, and
reasonable attorney's fees.
If a judgment is rendered in favor of the defendant in a civil action commenced
pursuant to subsection (2) of this section and the court finds that the civil action
constitutes frivolous conduct and that the defendant was adversely affected by
the frivolous conduct, the court shall award reasonable attorney's fees to the
defendant.
Effective:January 9, 2017
History: Created 2017 Ky. Acts ch. 5, sec. 4, effective January 9, 2017.
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