78B-8-503 - Definitions.
78B-8-503. Definitions.
As used in this part:
(1) "Prevail" means to obtain favorable final judgment, the right to all appeals havingbeen exhausted, on the merits, on substantially all counts or charges in the action and withrespect to the most significant issue or set of issues presented, but does not include the settlementof any action, either by stipulation, consent decree or otherwise, whether or not settlement occursbefore or after any hearing or trial.
(2) "Reasonable litigation expenses" means court costs, administrative hearing costs,attorney fees, and witness fees of all necessary witnesses, not in excess of $25,000 which a courtfinds were reasonably incurred in opposing action covered under this part.
(3) "Small business" means a commercial or business entity, including a soleproprietorship, which does not have more than 250 employees, but does not include an entitywhich is a subsidiary or affiliate of another entity which is not a small business.
(4) "State" means any department, board, institution, hospital, college, or university ofthe state of Utah or any political subdivision thereof, except with respect to actions brought underthe Utah Antitrust Act, Section 76-10-911, et seq.
Amended by Chapter 87, 2010 General Session