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KBR seeking loser-pays against Jamie Leigh Jones

Jamie Leigh Jones's lawsuit against KBR with its trumped-up sensational allegations cost the company $2 million in attorneys' fees (and almost certainly more in adverse publicity), so the request is not entirely unreasonable if indeed Jones received money for a movie deal based on her lawsuit: it would be inequitable for Jones to profit from a meritless lawsuit, given that Title VII permits prevailing parties to collect fees. But that's not the argument KBR makes in its brief: they're simply claiming that the case was frivolous. As such, the motion is unlikely to succeed given the Fifth Circuit standards for permitting a Title VII defendant to recover fees, where "frivolous" is a very small subset of "meritless," and KBR's expected recovery is probably less than the publicity hit it's taking from left-wing blogs. [WSJ Law Blog (h/t R.U.)]

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.