2016 -- S 2404

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LC003148

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

     RELATING TO COURTS AND CIVIL PROCEDURE - ATTORNEY'S FEES

     Introduced By: Senator William A. Walaska

     Date Introduced: February 11, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-1-45 of the General Laws in Chapter 9-1 entitled "Causes of

Action" is hereby amended to read as follows:

     9-1-45. Attorney's fees in breach of contract actions. -- The court may award a

reasonable attorney's fee to the prevailing party in any civil action arising from a breach of

contract in which the court:

      (1) Finds that there was a complete absence of a justiciable issue of either law or fact

raised by the losing party; or

      (2) Renders a default judgment against the losing party.; or

     (3) Finds for the defendant.

     SECTION 2. This act shall take effect upon passage.

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LC003148

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO COURTS AND CIVIL PROCEDURE - ATTORNEY'S FEES

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     This act would authorize a court, in a breach of contract lawsuit, to award attorney's fees

to the successful defendant.

     This act would take effect upon passage.

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LC003148

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