MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary A

By: Representative Howell

House Bill 855

AN ACT TO CREATE THE FAIRNESS IN LITIGATION ACT; TO PROVIDE THAT THE SAME RULES WOULD APPLY TO A LEGAL CLAIM BY AN INJURED PERSON WILL APPLY TO THE GOVERNMENT WHEN IT SEEKS TO RECOVER FOR A RELATED INDIRECT ECONOMIC LOSS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  This act shall be known and may be cited as the "Fairness in Litigation Act."

     SECTION 2.  In any action brought by the state, or any political subdivision thereof which accepts state funds, that seeks to recover directly from any defendant, to the extent permitted by applicable law, any benefits or services it has provided or paid for or is obligated directly or indirectly to provide or pay for on behalf of another person, the claimant shall be subject tot he same procedural rules and substantive law, including notification requirements, limitations, and affirmative defenses that would apply to a claim brought against such defendant by the person on whose behalf the benefits or services were provided or paid or are obligated to be provided or paid.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2002.