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MS HB1232

Bill

Status

Failed

3/3/2020

Primary Sponsor

Jeffery Harness

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Removes monetary caps on punitive damages awards in Mississippi civil actions by striking previous subsection (3) which had tiered limits based on defendant net worth ranging from 2% to $20 million.

  • Retains requirements that punitive damages be awarded only upon clear and convincing evidence of actual malice, gross negligence with willful/wanton/reckless disregard, or actual fraud.

  • Requires trial courts to determine compensatory damages before addressing punitive damages and to hold a separate evidentiary hearing to determine if punitive damages may be considered.

  • Maintains factors for fact-finders to consider when determining punitive damage amounts including defendant's financial condition, nature of wrongdoing, defendant's awareness of harm, duration of misconduct, and concealment.

  • Takes effect July 1, 2020.

Legislative Description

Punitive damages; remove limitations.

Last Action

Died In Committee

3/3/2020

Committee Referrals

Judiciary A2/17/2020

Full Bill Text

No bill text available