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MS HB1515
Bill
Status
2/5/2019
Primary Sponsor
Jeffery Harness
Click for details
AI Summary
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Removes monetary caps on punitive damages awards in Mississippi civil actions.
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Requires claimants to prove by clear and convincing evidence that defendants acted with actual malice, gross negligence showing willful or reckless disregard, or committed actual fraud before punitive damages can be awarded.
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Mandates a two-step process where compensatory damages must be determined first, followed by a separate evidentiary hearing to determine punitive damages eligibility.
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Instructs fact-finders to consider defendant's financial condition, nature of wrongdoing, awareness of harm, duration of misconduct, and other relevant circumstances when determining punitive damage amounts.
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Requires trial courts to verify that punitive damage awards are reasonable and rationally related to punishing and deterring the defendant's conduct, taking into account reprehensibility, defendant's net worth, and any criminal sanctions or other civil awards.
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Effective July 1, 2019.
Legislative Description
Punitive damages; remove limitations.
Last Action
Died In Committee
2/5/2019