What if litigation legislation spurs litigation?

Gov. Phil Bryant is almost certain to sign a bill intended to crimp the attorney general’s power to hire outside counsel — private-sector lawyers — to handle litigation on the state’s behalf on a fee contingency basis (a share of any money damages awarded the state).

The incumbent, Jim Hood, cries politics over the bill and asserts it’s unconstitutional.

The bill is inarguably political, and a court probably will have to decide Hood’s claims of unconstitutionality.

Hood, and his immediate predecessor, Mike Moore, legally hired some of the best trial lawyers in Mississippi to sue on the state’s behalf on a contingency basis. Both Hood and Moore are Democrats and on the opposite side are anti-plaintiffs’-lawyer Republicans.

Daily Journal vis The Sun Hearld
5/13/12