§ 40-8.2-6 - Civil actions brought by attorney general on behalf of persons injured by violations of chapter.
SECTION 40-8.2-6
§ 40-8.2-6 Civil actions brought byattorney general on behalf of persons injured by violations of chapter. –(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 bysuch persons by reason of any violation of this chapter. The court shallexclude from the amount of monetary relief awarded in an action any amount ofmonetary 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 bringing suit, including reasonable attorney's fees.
(c) In any action brought under subsection (a) of thissection, the attorney general shall, at such times, in such manner, and withsuch content as the court may direct, cause notice thereof to be given bypublication.
(1) 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 such time as specified in the notice givenpursuant to this subsection.
(2) The final judgment in an action under subsection (a)shall be res judicata as to any claim under § 40-8.2-5 by any person onbehalf of whom the action was brought and who fails to give notice within theperiod specified in the notice given pursuant to this subsection.
(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 such times, in suchmanner, and with such content as 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 such manner as the court, in itsdiscretion, may authorize; or
(2) Be deemed a civil penalty by the court and deposited withthe state as general revenues; subject in either case to the requirement thatany distribution procedure adopted afford each person a reasonable opportunityto secure 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 which duplicates amounts which have been awardedfor the same injury.