Bill Text: CT HB05514 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning The Recovery Of Attorney's Fees In A Civil Action Involving A Plaintiff's Nonacceptance Of A Defendant's Offer Of Compromise.

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Public Hearing 03/19 [HB05514 Detail]

Download: Connecticut-2018-HB05514-Introduced.html

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General Assembly		Raised Bill No. 5514
February Session, 2018		LCO No. 2349
		*02349_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE RECOVERY OF ATTORNEY'S FEES IN A CIVIL ACTION INVOLVING A PLAINTIFF'S NONACCEPTANCE OF A DEFENDANT'S OFFER OF COMPROMISE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 52-195 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) If the plaintiff does not, within the time allowed for acceptance of the offer of compromise and before the commencement of the trial, file the plaintiff's notice of acceptance, the offer shall be deemed to be withdrawn and shall not be given in evidence.

(b) Unless the plaintiff recovers more than the sum specified in the offer of compromise, with interest from its date, the plaintiff shall recover no costs accruing after the plaintiff received notice of the filing of such offer, but shall pay the defendant's costs accruing after the plaintiff received notice. Such costs may include (1) reasonable attorney's fees in an amount not to exceed three hundred fifty dollars for any civil action filed before October 1, 2018, and (2) reasonable attorney's fees in an amount to be taxed by the court for any civil action filed on or after October 1, 2018.

(c) This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action. The provisions of this section shall not apply to cases in which nominal damages have been assessed upon a hearing after a default or after a demurrer has been overruled.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2018	52-195

Statement of Purpose:

To prospectively remove the three-hundred-fifty-dollar cap on the recovery of attorney's fees in a civil action involving a plaintiff's rejection of a defendant's offer of compromise.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]