Mississippi Legislature
2004 1st Extraordinary Session

House Bill 3

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Bill Text

History of Actions

Background

Title

Description: Tort reform; revise.

Bill Text: [Introduced]

History of Actions:

1 05/19 (H) Referred To Judiciary A
2 06/08 (H) Died In Committee

Background Information:

Effective date** See Text
DispositionDead
DeadlineNone
RevenueNo
Vote type requiredMajority

House Committee:

Principal Author: Simpson

Additional Authors: Akins, Aldridge, Arinder, Baker (74th), Baker (8th), Barnett, Beckett, Bentz, Bondurant, Bounds, Capps, Carlton, Chism, Davis, Denny, Ellington, Fillingane, Formby, Frierson, Guice, Gunn, Hamilton (109th), Hamilton (6th), Horne, Howell, Hudson, Ishee, Janus, Jennings, Lott, Martinson, Masterson, Mayhall, McBride, Mims, Moore, Nicholson, Parker, Patterson, Read, Reed, Robinson (84th), Rogers (14th), Rogers (61st), Rotenberry, Shows, Smith (39th), Smith (59th), Snowden, Staples, Stevens, Turner, Upshaw, Vince, Weathersby, Wells-Smith, Woods, Zuber, Reeves

Code Sections: A 011-0011-0003, A 011-0001-0060, A 011-0001-0063, A 011-0001-0065, A 011-0001-0066, A 085-0005-0007, RP 011-0001-0064, A 013-0005-0001, A 013-0005-0023, A 013-0005-0025, A 013-0005-0028, A 013-0005-0034, A 025-0007-0061, A 033-0001-0005, RP 041-0017-0007, RP 047-0005-0055, A 011-0046-0019

Title: AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO REVISE THE VENUE IN GENERAL CIVIL ACTIONS; TO AMEND SECTION 11-1-60, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION ON NONECONOMIC DAMAGES IN MALPRACTICE ACTIONS AND TO PROVIDE LIMITATIONS ON NONECONOMIC DAMAGES IN ALL OTHER CIVIL ACTIONS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PRODUCT SELLER OTHER THAN A MANUFACTURER SHALL NOT BE LIABLE FOR A LATENT DEFECT IF THE SELLER IS A MERE CONDUIT WHO PURCHASED THE PRODUCT FROM A REPUTABLE MANUFACTURER; TO AMEND SECTION 11-1-65, MISSISSIPPI CODE OF 1972, TO PROHIBIT MULTIPLE PUNITIVE DAMAGE AWARDS FOR THE SAME CONDUCT OF A DEFENDANT EXCEPT IN CERTAIN CASES, TO PROHIBIT PUNITIVE DAMAGES AGAINST A DEFENDANT FOR ANY REGULATED ACTIVITY CONDUCTED IN COMPLIANCE WITH FEDERAL AND STATE REGULATIONS, AND TO REVISE THE MAXIMUM AMOUNT OF PUNITIVE DAMAGE AWARDS; TO AMEND SECTION 11-1-66, MISSISSIPPI CODE OF 1972, TO REVISE THE IMMUNITY OF PREMISES OWNERS FROM CIVIL LIABILITY; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REVISE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE PERSONS; TO REPEAL SECTION 11-1-64, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PROCEDURE FOR DISMISSING A DEFENDANT WHOSE LIABILITY IS BASED SOLELY ON HIS STATUS AS A SELLER IN THE STREAM OF COMMERCE; TO AMEND SECTION 13-5-1, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR DISQUALIFICATIONS; TO AMEND SECTION 13-5-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN ONLY BE EXCUSED FROM SERVICE FOR ILLNESS OR UNDUE HARDSHIP; TO CODIFY SECTION 13-5-24, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT JURORS CAN POSTPONE JURY SERVICE ONE TIME ONLY; TO AMEND SECTION 13-5-25, MISSISSIPPI CODE OF 1972, TO LIMIT THE FREQUENCY OF JURY SERVICE; TO AMEND SECTION 13-5-28, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTICE OF JURY SERVICE EXEMPTION ENTITLEMENT TO BE INCLUDED IN JUROR SUMMONSES; TO AMEND SECTION 13-5-34, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR FAILURE TO APPEAR FOR JURY SERVICE; TO CODIFY SECTION 13-5-99, MISSISSIPPI CODE OF 1972, TO PROVIDE EMPLOYMENT PROTECTIONS FOR JURORS; TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO CREATE A LENGTHY TRIAL FUND; TO AMEND SECTION 33-1-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR EXEMPTIONS; TO REPEAL SECTIONS 41-17-7 AND 47-5-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN EXEMPTIONS FROM JURY SERVICE; TO PROVIDE THAT ALL MALPRACTICE CLAIMS SHALL BE REVIEWED BY A MEDICAL REVIEW PANEL; TO ALLOW PARTIES TO MUTUALLY AGREE TO OPT OUT OF THIS REQUIREMENT; TO ESTABLISH THE MEMBERSHIP REVIEW PANEL; TO PROVIDE WHAT EVIDENCE MAY BE CONSIDERED BY THE PANEL; TO PROVIDE THE FORM OF THE DECISION; TO PROVIDE FOR PANELIST IMMUNITY AND COMPENSATION; TO PROVIDE THAT THE LOSING PARTY SHALL PAY ATTORNEY FEES TO THE PREVAILING PARTY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 11-46-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 06/08/04 at 13:28.

End Of Document
20041E/pdf/History/HB/HB0003.htm