Yes, they get reimbursed regardless of outcome. Rush was talking about this last week.
BTTT for post 13
Even if they just got paid if they won, it needs to be counterbalanced with a disincentive to file harassing or frivolous lawsuits. Otherwise they would have nothing at risk by filing on marginal or clearly frivolous cases. They shouldn't only not get paid if they lose, there should be some civil or criminal penalty. If they don't like that they can just go back to doing it on their own nickel.