summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
187th General Court
Bill Summary
Relative to court proceedings and settlements. The Judiciary.
AI Summary
This bill proposes several changes to court proceedings and settlements, aiming to clarify how expenses are divided and how damages are presented. Firstly, it modifies how attorney fees and costs are split when an injured person receives a settlement or judgment from a third party, and benefits have been paid by a health maintenance organization (HMO), or hospital, medical, or dental service corporation; these costs will now be divided proportionally based on the amounts received by each party, and courts can reduce an insurer's lien if the settlement or judgment is less than the total damages suffered by the plaintiff. Secondly, in civil cases in the superior court, plaintiffs will be allowed to request a specific monetary amount for damages during a trial. Thirdly, in situations where an injured person settles with or obtains a judgment from a third party, and benefits have been paid under chapter 152 (likely referring to workers' compensation), the bill establishes a process for fair apportionment of recovery if the injured person and the insurer cannot agree, with courts having the authority to reduce the insurer's lien after evaluating the plaintiff's total damages. Finally, for all jury trials, both criminal and civil, parties or their attorneys will be allowed to conduct oral examinations of potential jurors (jury venire) under the court's direction, subject to reasonable limitations and additional time granted at the court's discretion, though this does not affect the number of peremptory challenges a party is entitled to.
Committee Categories
Justice
Sponsors (1)
Last Action
Accompanied a study order, see H4364 (on 07/31/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.malegislature.gov/Bills/187/House/H2149 |
| State Bill Page | https://malegislature.gov/Bills/187/H2149 |
| Bill | https://malegislature.gov/Bills/PDF?billId=14115&generalCourtId=1 |
| Bill | https://malegislature.gov/Bills/BillHtml/14115?generalCourtId=1 |
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