Bill Text: MS SB2400 | 2016 | Regular Session | Introduced


Bill Title: Foreign law; allow attorney's fee in certain circumstances.

Sponsorship: Partisan Bill (Republican 2)

Status: (Failed) 2016-02-23 - Died In Committee [SB2400 Detail]

Download: Mississippi-2016-SB2400-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A

By: Senator(s) Doty, Moran

Senate Bill 2400

AN ACT TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO ALLOW A COURT TO AWARD ATTORNEY'S FEES TO CERTAIN PREVAILING PARTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 11-63-1, Mississippi Code of 1972, is amended as follows:

     11-63-1.  (1)  In this section, "foreign law" means any law, rule, legal code or legal system other than the constitution, laws and ratified treaties of the United States and the territories of the United States, the constitution and laws of another state of the United States, Native American tribal law, the Mississippi Constitution of 1890, and the laws of this state.

     (2)  A court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed to a natural person by the United States Constitution or the Mississippi Constitution of 1890.

     (3)  The court may award to the party opposing recognition or enforcement of foreign law a reasonable attorney's fee if the party prevails in the action or proceeding.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.


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