CSHB 249(JUD) am: "An Act relating to the award of costs and attorney fees to defendants under court rule in civil actions brought under monopoly and restraint of trade statutes; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 249(JUD) am 01 "An Act relating to the award of costs and attorney fees to defendants under court rule 02 in civil actions brought under monopoly and restraint of trade statutes; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE INTENT. This Act is intended to clarify and express the intent of 08 existing law. 09 * Sec. 2. AS 45.50.576 is amended by adding a new subsection to read: 10 (c) In a civil action brought under AS 45.50.562 - 45.50.570, if judgment is for the 11 defendant, the defendant shall be awarded the defendant's costs of the suit, including 12 reasonable attorney fees in accordance with rules adopted by the supreme court for awarding 13 costs and attorney fees to prevailing parties in civil actions. If the plaintiff in a civil action 14 brought under this section in which judgment is for the defendant is a class certified under
01 Rule 23, Alaska Rules of Civil Procedure, any award of costs and attorney fees to the 02 defendant 03 (1) may be satisfied only through funds, if any, that the class has 04 collected from settlements with or judgments against other defendants; and 05 (2) is not a liability of any individual member of the class. 06 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).