Enrolled HB 249: 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.
00Enrolled HB 249 01 Relating to the award of costs and attorney fees to defendants under court rule in civil actions 02 brought under monopoly and restraint of trade statutes; and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. This Act is intended to clarify and express the intent of 07 existing law. 08 * Sec. 2. AS 45.50.576 is amended by adding a new subsection to read: 09 (c) In a civil action brought under AS 45.50.562 - 45.50.570, if judgment is 10 for the defendant, the defendant shall be awarded the defendant's costs of the suit, 11 including reasonable attorney fees in accordance with rules adopted by the supreme 12 court for awarding costs and attorney fees to prevailing parties in civil actions. If the 13 plaintiff in a civil action brought under this section in which judgment is for the 14 defendant is a class certified under Rule 23, Alaska Rules of Civil Procedure, any 15 award of costs and attorney fees to the defendant
01 (1) may be satisfied only through funds, if any, that the class has 02 collected from settlements with or judgments against other defendants; and 03 (2) is not a liability of any individual member of the class. 04 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).