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MS HB20

Bill

Status

Failed

2/2/2010

Primary Sponsor

Gary Chism

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Allows prevailing defendants in civil actions to file an itemized list of defense preparation costs and expenses with the court for approval and payment by the plaintiff and plaintiff's attorney.

  • Requires plaintiff's attorney with contingency fee arrangement to pay no more than the maximum contingency percentage they would have received if plaintiff had won; attorneys with set or hourly fees have no obligation to defendant.

  • Permits defendant to file suit for payment if plaintiff and attorney do not pay approved expenses within 90 days, with joint and several liability applying to all such suits.

  • Amends frivolous suit statutes to hold both party and attorney jointly liable for reasonable attorney's fees, costs, and damages when actions or claims are found to lack substantial justification or are interposed for delay or harassment.

  • Takes effect July 1, 2010, and applies to all civil causes of action filed on or after that date.

Legislative Description

Lawsuits; plaintiff liable for defendant's costs if defendant prevails.

Last Action

Died In Committee

2/2/2010

Full Bill Text

No bill text available