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MO HB2458

Bill

Status

Introduced

2/2/2016

Primary Sponsor

Kirk Mathews

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Origin

House of Representatives

2016 Regular Session

AI Summary

  • Requires claimants to prove punitive damages claims by "clear and convincing evidence" that the defendant acted intentionally with wanton, willful, malicious, or outrageous conduct, or with reckless disregard showing an evil motive

  • Prohibits punitive damages claims from being included in initial court filings; requires court approval to amend pleadings to add such claims, with motions due by the final pretrial conference

  • Shields employers, principals, associations, partnerships, and corporations from punitive damages liability for acts of agents, employees, members, partners, or shareholders unless they actively participated in, authorized, or ratified the conduct

  • Restructures bifurcated trials so the Attorney General prosecutes the second stage (determining punitive damages amount) before a new jury after liability is established in the first stage

  • Increases the state's share of punitive damage awards from 50% to 85% for deposit into the Tort Victims' Compensation Fund, with 26% of fund deposits transferred to the basic civil legal services fund

Legislative Description

Creates and modifies provisions relating to punitive damages

Last Action

Reported Do Pass (H) - AYES: 6 NOES: 1 PRESENT: 0

4/26/2016

Committee Referrals

Select Committee on Judiciary4/19/2016
Civil and Criminal Proceedings2/24/2016

Full Bill Text

No bill text available