SB 37 Awards attorney's fees and court costs in cases where a settlement offer was previously rejected and when the court rules on a motion to dismiss for failure to state a claim
Sponsor: Romine
LR Number: 0363S.05C Fiscal Notes
Committee: Small Business, Insurance and Industry
Last Action: 5/15/2015 - S Informal Calendar S Bills for Perfection--SB 37-Romine, with SCS & SA 1 (pending) Journal Page:
Title: SCS SB 37 Calendar Position:
Effective Date: August 28, 2015

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Current Bill Summary

SCS/SB 37 - This act provides that when a settlement offer, which meets the requirements specified in the act, is rejected and the judgment rendered is significantly less favorable to the rejecting party than what was offered by the settlement then the offering party shall recover litigation costs from the rejecting party. Litigation costs include court costs, reasonable fees of no more than two testifying experts, and reasonable attorney's fees. The offering party may only recover litigation costs incurred after the date that the rejecting party rejected the settlement.

The act also provides that when a court rules on a motion to dismiss for failure to state a claim the court may award costs and reasonable attorney's fees to the prevailing party that the court determines are equitable and just. The Missouri Supreme Court must submit by February first of each year an annual report to the General Assembly which includes the number of such cases dismissed and the dollar amounts involved.

This act is similar to SCS/HB 1324 (2014).