§ 6-36-12 - Attorney general – Suits parens patriae.
SECTION 6-36-12
§ 6-36-12 Attorney general – Suitsparens patriae. – (a) The attorney general may bring a civil action in superior court in the nameof the state, as parens patriae on behalf of persons residing in this state, tosecure monetary relief as provided in this section for injuries sustained bythe persons to their property by reason of any violation of this chapter. Thecourt shall exclude from the amount of monetary relief awarded in this actionany amount of monetary relief:
(1) Which duplicates amounts which have been awarded for thesame injury; or
(2) Which is properly allocable to persons who have excludedtheir claims pursuant to subsection (c)(1) of this section.
(b) The court shall award the state as monetary reliefthreefold the total damage sustained as described in subsection (a) of thissection and the costs of suit, including a reasonable attorney's fee.
(c) In any action brought under subsection (a) of thissection the attorney general shall, at the times, in the manner, and with thecontent that the court may direct cause notice of the action to be given bypublication.
(2) Any person on whose behalf an action is brought undersubsection (a) may elect to exclude from adjudication the portion of the stateclaim for monetary relief attributable to him or her by filing notice of theelection with the court within the time specified in the notice given pursuantto subsection (c)(1) of this section.
(3) The final judgment in an action under subsection (a)shall be res judicata as to any claim under § 6-36-11 by any person onbehalf of whom the action was brought and who fails to give the notice withinthe period specified in the notice given pursuant to subsection (c)(1) of thissection.
(d) An action under subsection (a) shall not be dismissed orcompromised without the approval of the court, and notice of any proposeddismissal or compromise shall be given by publication at the times, in themanner, and with the content that the court may direct.
(e) In any action under subsection (a):
(1) The amount of the plaintiff's attorney's fees, if any,shall be determined by the court, and any attorney's fees awarded to theattorney general shall be deposited with the state as general revenues; and
(2) The court may, in its discretion, award a reasonableattorney's fee to a prevailing defendant upon a finding that the attorneygeneral has acted in bad faith, vexatiously, wantonly, or for oppressivereasons.
(f) Monetary relief recovered in an action under this sectionshall: (1) be distributed in any manner that the court in its discretion mayauthorize; or (2) be deemed a civil penalty by the court and deposited with thestate as general revenues; subject in either case to the requirement that anydistribution procedure adopted afford each person a reasonable opportunity tosecure his or her appropriate portion of the net monetary relief.
(g) In any action under this section the fact that a personor public body has not dealt directly with the defendant shall not bar orotherwise limit recovery. Provided, however, that the court shall exclude fromthe amount of monetary relief awarded in the action any amount of monetaryrelief which duplicates amounts which have been awarded for the same injury.