Providing compensation to victims of abusive lawsuits

SB 668 (West Virginia Senate Bill 668) allows parties who successfully have a civil claim dismissed by a court to recover their attorney’s fees and costs if the dismissed claim lacked legal or factual basis. It directly affects individuals or entities sued in cases where the plaintiff’s claim was filed for improper purposes (like harassment), was legally unsupported, or lacked evidentiary support. The key mechanism requires courts to award fees to the prevailing party when they find the dismissed claim violated specific criteria under §56-4-72(b), with fees imposed on the attorney who filed the claim. This law applies to claims filed on or after January 1, 2027, and does not restrict existing court powers to dismiss claims or impose sanctions.