§ 46-12.3-5 - Attorney general – Suits parens patriae.
SECTION 46-12.3-5
§ 46-12.3-5 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 chapter for injuries sustained bypersons to their person, property, or economic loss by reason of any violationof this chapter. The court shall exclude from the amount of monetary reliefawarded in an action any amount of monetary relief:
(1) Which duplicates amounts which have been awarded for thesame injury under state or federal law; or
(2) Which is properly allocable to persons who have excludedtheir claims pursuant to subsection (c)(2) of this section.
(b) The court shall award the state as monetary relieftwofold 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 such times, in such manner, and withsuch content as the court may direct, cause notice thereof 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 such time as specified in the notice givenpursuant to subsection (c)(1).
(3) The final judgment in an action under subsection (a)shall be res judicata as to any claim under §§ 46-12.3-2, 46-12.3-3,and 46-12.3-4 by any person on behalf of whom the action was brought and whofails to give notice within the period specified in the notice given pursuantto subsection (c)(1).
(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, ifany, 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) Monetary relief recovered in an action under this sectionshall:
(i) Be distributed in such manner as the court in itsdiscretion may authorize; or
(ii) Be deemed a civil penalty by the court and depositedwith the state as general revenues; subject in either case to the requirementthat any distribution procedure adopted afford each person a reasonableopportunity to secure his or her appropriate portion of the net monetary relief.
(f) In any action under this section the fact that a personor public body has not dealt directly with the defendant or that the defendantowed no special duty to the plaintiff or that the loss was the result ofgovernmental action in response to the violation and/or negligence of thedefendant shall not bar or otherwise limit recovery; provided, however, thecourt shall exclude from the amount of monetary relief awarded in an action anyamount of monetary relief which duplicates amounts which have been awarded forthe same injury.