Why We’re Stuck With $650,000 in Legal Fees, Despite Beating the Billionaire Who Sued Us


Ever since we wrote about MoJo‘s major victory in court against a billionaire political donor, you’ve been asking us: Can you recover your attorney’s fees? The answer, unfortunately, is pretty much:

Here’s why.

Under what is known as the American rule, everyone involved in litigation in the United States is responsible for his or her own legal fees, unless a specific state or federal law says otherwise. One exception involves anti-SLAPP statutes—state laws designed to prevent powerful people from shutting down critics by tying them up with expenses and paperwork, often via defamation lawsuits. (SLAPP stands for Strategic Lawsuit Against Public Participation.) Twenty-nine states have laws against SLAPP suits, and there’s a push—championed by a Republican congressman from Texas—to pass one at the federal level as well.

Idaho, where Frank VanderSloot is based, and where he filed the defamation case against Mother Jones, does not have an anti-SLAPP law. What’s more, in her order granting victory to Mother Jones, the judge specified that VanderSloot’s was not a “frivolous” lawsuit. Under existing Idaho law, we would have to show, in front of the same judge, that the lawsuit was pursued “frivolously, unreasonably or without foundation” in order for her to let us recover attorney’s fees. Not very likely.

So that’s why we’re stuck with the $650,000 in out-of-pocket costs we incurred. Readers have pitched in more than $160,000 to help us cover that hole in just the past week. You can join them here. With you at our back, we can keep standing tall.

UPDATE: First Look Media’s Legal Defense Fund has agreed to match $74,999 in reader contributions to help us defray the cost of the litigation. Hooray!

IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. It's our first time asking for an outpouring of support since screams of FAKE NEWS and so much of what Trump stood for made everything we do so visceral. Like most newsrooms, we face incredibly hard budget realities, and it's unnerving needing to raise big money when traffic is down.

So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

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IT'S NOT THAT WE'RE SCREWED WITHOUT TRUMP:

"It's that we're screwed with or without him if we can't show the public that what we do matters for the long term," writes Mother Jones CEO Monika Bauerlein as she kicks off our drive to raise $350,000 in donations from readers by July 17.

This is a big one for us. So, as we ask you to consider supporting our team's journalism, we thought we'd slow down and check in about where Mother Jones is and where we're going after the chaotic last several years. This comparatively slow moment is also an urgent one for Mother Jones: You can read more in "Slow News Is Good News," and if you're able to, please support our team's hard-hitting journalism and help us reach our big $350,000 goal with a donation today.

payment methods

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