Clutch Justice has announced that under Colorado law, victims of meritless litigation can seek reimbursement of attorney fees from parties who file cases without substantial justification. The organization warned that frivolous lawsuits are increasingly targeting small businesses, driving up costs that may be passed to consumers, according to a statement on X.
According to the Colorado Civil Justice League (CCJL), small and family-owned businesses in Colorado are facing increased legal costs and higher risk of meritless claims. The group argues this situation places upward pressure on consumer prices and reduces affordability. The CCJL’s commentary states: “Every dollar spent fighting meritless lawsuits is a dollar not spent on hiring, innovation, or serving customers.”
A report by the Common Sense Institute of Colorado indicates that the state had the 9th-highest tort cost per resident in 2020. It also highlights that its tort cost growth between 2016 and 2020 was 45% faster than the U.S. average. The report warns that rising litigation-related costs threaten small businesses—of which Colorado has 99% of firms—and these increased burdens may be passed to consumers through higher prices.
Under Colorado law (Colorado Revised Statutes § 13‑17‑102), courts are authorized to award attorney fees against any attorney or party who brings or defends a civil action determined by the court as “lacked substantial justification” or was interposed for harassment or delay. This statute allows victims of frivolous litigation to seek reimbursement of attorney fees, aligning directly with Clutch Justice’s message that abusive litigants can be forced to pay.
According to Clutch Justice’s “About” page, the organization is an independent investigative news desk founded by journalist Rita Williams. It focuses on exposing systemic injustice, misconduct in courtrooms, and misuse of legal processes across the United States. Clutch Justice states it uses investigative journalism, open-source research, and public-education resources (such as its Judicial Misconduct Database) to empower citizens and promote court-system accountability.
