Todd W. Elliott*

*Passed the Bar
in Pennsylvania and West Virginia.
Improper Suit.
In state court, it is not automatic that you pay the opposing party's attorney fees if you lose. However, if the court determines that your suit lacked a good faith basis in fact or law from the outset, the other side may get an award against you for his reasonable attorney fees and other damages.

You may believe that you have a case (and you may be correct), however, there are certain cases that should never be brought in court. If, for example, you want to sue someone for breach of contract
for a breach that happened five years ago, your claim may be barred by the 4 year statute of limitations. If no exception applies to toll the statute, your suit in that instance wouLD likely lack a good faith basis and you can be liable to pay the opposing party's attorney fees for abuse of the rules of civil procedure.

There are countless other examples of cases and scenarios where the plaintiff should never file suit, unless he is prepared to pay for the consequences. With legal advice, however, these problems can be avoided.
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