MS Litigation Review knocks loser pays bill

As expected, Republicans are moving forward with “Loser Pays” legislation in the Mississippi Legislature. But there is a major twist. Only some losers pay. With the Republican party controlled by big business, can you guess which ones?

Here is Representative Gary Chism’s – House Bill 562. The title tells a lot: “An Act to Provide for the Payment of Costs and Expenses Incurred by a Prevailing Defendant in a Civil Action…..”
The key provisions of the bill are:

— defendants may recover the “expenses which may include time spent in preparation of defense and other legitimate expenses to the court for approval of payment from the plaintiff and the plaintiff’s attorney to the defendant in the event that the decision is in favor of the defendant.”

— “If the plaintiff’s attorney has a payment arrangement of a set fee or an hourly fee as his remuneration from the the plaintiff, then the attorney will have no obligation to the defendant.”

MS Litigation Review
2/20/12