HB3270 HFA Del. Hott  #1

Leslie 3357

Delegate Hott moves to amend the bill on page 9, line 3, by inserting the following new sections:

§23-4-2b. Expenses recoverable by attorney.

Where an attorney has been awarded attorney’s fees and costs in a deliberate intention suit under §23-4-2 of this code, that attorney’s fee shall be capped under the provisions of  §23-4-2b(a) of this code, and the attorney’s costs for travel, transportation, meals, and other incidental charges, shall be capped at the maximum allowable rate set for federal employees for such costs as established by the travel rules prescribed for such employees by the U.S. General Services Administration in the relevant year.

23-4-2c. Bifurcated trial on issues of liability and damages.

In a civil action under this section, on a motion from the defendant, the court shall provide for a bifurcated trial on the issues of liability and damages, in those instances when the defendant can demonstrate a reasonable likelihood of success on the merits of the issue of liability.  

A motion under this section shall be made on or before the later of:

The 120^th day after the date the defendant bringing the motion files the defendant’s original answer; or

The 30^th day after the date a claimant files a pleading adding a claim or cause of action against the defendant bringing the motion.

The trier of fact shall determine the issue of liability in the first phase of a bifurcated trial under this section. Evidence only relevant to the issue of damages shall not be admissible at this stage.

The trier of fact shall determine the issue of compensatory damages in the second phase of a bifurcated trial under this section.

The same trier of fact shall determine both the issue of liability and the issue of compensatory damages in any trial bifurcated under this section.