§ 46:438.1 — Civil actions authorized

Louisiana § 46:438.1

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§438.1. Civil actions authorized
A. The attorney general shall diligently investigate a violation of this Part. The
secretary or the attorney general, on behalf of the state, may institute a civil action in the
Nineteenth Judicial District Court for the parish of East Baton Rouge or another court of
proper jurisdiction to seek recovery from persons who violate the provisions of this Part.
The contract of employment of any private counsel, including fee amounts, and all final fees
and costs, shall be a public record.
B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to,
and shall be brought and heard in the same court as, the civil action brought under the
provision of Subsection A of this Section.
C.(1) A prevailing defendant may seek recovery for costs, expenses, fees, and
attorney fees only if the court finds, following a contradictory hearing, that either of the
following apply:
(a) The action was instituted by the state pursuant to Subsection A of this Section
after it should have been determined by the state to be frivolous, vexatious, or brought
primarily for the purpose of harassment.
(b) The state proceeded with the action instituted pursuant to Subsection A of this
Section after it should have been determined by the state that proceeding would be frivolous,
vexatious, or for the purpose of harassment.
(2) Recovery awarded to a prevailing defendant shall be awarded only for those
reasonable, necessary, and proper costs, expenses, fees, and attorney fees actually incurred
by the prevailing defendant.
D. An action to recover costs, expenses, fees, and attorney fees may be brought no
later than sixty days after the rendering of judgment by the district court, unless the district
court decision is appealed. If the district court decision is appealed, such action may be
brought no later than sixty days after the rendering of the final opinion on appeal by the court
of appeal or, if applicable, by the supreme court.

Legislative History

Acts 1997, No. 1373, §1; Acts 2014, No. 711, §1; Acts 2025, No. 206, §1.