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MO SB37

Bill

Status

Introduced

1/7/2015

Primary Sponsor

Gary Romine

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • Creates a formal settlement offer procedure for civil monetary claims where parties who reject a settlement offer and receive a significantly less favorable judgment must pay the offering party's litigation costs (court costs, fees for up to two expert witnesses, and reasonable attorney's fees)

  • Defines "significantly less favorable" as a claimant receiving less than 75% of the rejected offer, or a defendant being ordered to pay more than 125% of their rejected offer

  • Excludes class actions, shareholder derivative actions, government lawsuits, family law cases, workers' compensation claims, and small claims court from the settlement offer procedure

  • Requires settlement offers to be in writing, allow at least 60 days for acceptance, and cannot be made within 60 days of the offeror/offeree's appearance or within 60 days before trial

  • Allows courts to award costs and reasonable attorney's fees to the prevailing party when granting or denying a motion to dismiss for failure to state a claim, and requires the Missouri Supreme Court to submit annual reports on such dismissals by February 1st each year

Legislative Description

Awards attorney's fees and court costs in cases where a settlement offer was previously rejected and when the court rules on a motion to dismiss for failure to state a claim

Last Action

S Informal Calendar S Bills for Perfection--SB 37-Romine, with SCS & SA 1 (pending)

5/15/2015

Committee Referrals

Small Business, Insurance And Industry1/15/2015

Full Bill Text

No bill text available