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MO HB1357

Bill

Status

Introduced

3/12/2015

Primary Sponsor

Kevin Corlew

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Origin

House of Representatives

2015 Regular Session

AI Summary

  • Requires all jury trials involving punitive damages to be bifurcated, with the first stage determining liability and compensatory damages, and the second stage determining the punitive damages amount before a separate jury

  • Grants the Attorney General sole authority to prosecute the second stage of trial to determine punitive damages amounts, after a final judgment from the first stage

  • Prohibits the Attorney General from hiring outside legal counsel except in cases of demonstrated conflict of interest, and requires any outside counsel to be paid hourly rather than on contingency

  • Increases the state's share of punitive damage awards from 50% to 85% for deposit into the Tort Victims' Compensation Fund, with the Attorney General able to petition for costs and expenses from the state's share as long as at least 50% goes to the fund

  • Exempts improper health care actions (medical malpractice under chapter 538) from the requirement to notify the Attorney General of punitive damage awards

Legislative Description

Modifies provisions relating to punitive damages

Last Action

HCS Reported Do Pass (H)

4/23/2015

Committee Referrals

Select Committee on Judiciary4/16/2015
Consumer Affairs3/17/2015

Full Bill Text

No bill text available