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Bill Watch, Feb. 20, 2015: Current Litigation Legislation of Note - Litigation News

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Litigation News


Posted on: Feb 20, 2015

The IndyBar Legislative Committee is currently monitoring the following litigation related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemillerstrategies.com.

Click here to view the full Bill Watch reports.

HB1141 JUDGMENT DOCKETS. (RICHARDSON K) Specifies that the clerk of a circuit court: (1) shall keep a judgment docket for the circuit court and for each superior court and probate court served by the clerk; and (2) is the official keeper of the judgment docket for the circuit court and for each superior court and probate court served by the clerk. Provides that a judgment docket may not include judgments in which the state, a county, or another governmental entity is the sole creditor, except for: (1) cases in which the state obtains a judgment for unpaid taxes; or (2) any entry that is required by statute.

HB1340 CIVIL PROCEEDING ADVANCE PAYMENT TRANSACTIONS. (LEHMAN M) Defines a "civil proceeding advance payment transaction", or "CPAP transaction", as a nonrecourse transaction in which a person (CPAP provider) provides to a consumer claimant in a civil proceeding a funded amount, the repayment of which is: (1) required only if the consumer claimant prevails in the civil proceeding; and (2) sourced from the proceeds of the civil proceeding. Requires a CPAP provider to register with the department of financial institutions (department). Sets forth requirements, including disclosure requirements, for a contract (CPAP contract) entered into by a CPAP provider and a consumer claimant. Sets forth certain requirements and prohibitions with respect to CPAP transactions, including specifications for the CPAP contract amount. Permits the department to take certain actions to: (1) determine compliance with; and (2) pursue remedies for violations of; these provisions. Permits the department to adopt rules to implement these provisions. Specifies that the Uniform Consumer Credit Code does not apply to a CPAP transaction.

HB1400 ASBESTOS LITIGATION. (WASHBURNE T) Provides special proceedings for asbestos claims. Requires a plaintiff who files a personal injury action involving an asbestos claim to provide information to all parties in the action regarding each asbestos claim the plaintiff has filed or anticipates filing against an asbestos trust. Provides that if a defendant identifies an asbestos trust not named by the plaintiff, the court shall determine whether to require the plaintiff to file a claim against the asbestos trust and to stay the immediate action.

HB1441 JURY DUTY DEFERRALS FOR POSTSECONDARY STUDENTS. (KLINKER S) Provides that a prospective juror who is a full-time student enrolled in and attending an approved postsecondary educational institution during an academic year shall be exempted from jury service until the end of the academic year if: (1) the prospective juror requests a deferral by notifying the jury administrator that the prospective juror is a full-time student enrolled in and attending an approved postsecondary educational institution; (2) the prospective juror provides proof to the jury administrator that the jury service will likely interfere with the prospective juror's class schedule during the academic year; and (3) the court determines that the prospective juror has demonstrated that a deferral until the end of the academic year is necessary due to likely interference with the prospective juror's class schedule during the academic year.

SB2    SERVICE OF PROCESS. (STEELE B) Specifies that "registered or certified mail" includes any means of delivery that provides a return receipt. Provides that the cost of service to not more than two parties may be paid from court fees. Requires a person who requests a circuit court clerk to send an additional mailing by registered or certified mail to provide: (1) an addressed envelope with postage prepaid; (2) the United States Postal Service or other forms for registered or certified mail; and (3) the United States Postal Service fee or other fee for service by registered or certified mail.

SB38 APPLICATION OF FOREIGN LAW. (STEELE B) Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the Constitution of the United States or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the Constitution of the United States or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization.

SB133    PROTECTIVE ORDERS AND EMPLOYMENT. (RANDOLPH L) Provides that an employer may not terminate an employee or discriminate against an employee with respect to compensation, benefits, or terms and conditions of employment based on the filing by the employee of a petition for a protective order, whether or not the order has been issued.

SB217    SERVICE OF PROCESS FEES COLLECTED BY A SHERIFF. (BOOTS P) Requires a sheriff to collect a service of process fee of $25 instead of $13 from a party requesting service of a writ, an order, a process, a notice, a tax warrant, or any other paper completed by the sheriff. Provides that a sheriff may collect an additional fee for post-judgment service.

SB354 JUDGMENTS. (STEELE B) Provides that a judgment creditor may require a judgment debtor to appear in court to provide information concerning the judgment debtor's income and assets: (1) at any time, if the judgment debtor's circumstances have changed; or (2) not more than one time every six months. Permits a court, after conducting a hearing concerning a judgment debtor's income and assets, to summarily modify a previously issued order concerning the judgment debtor's income and assets

SB486    PUNITIVE DAMAGES. (GLICK S) Provides that when an award in a civil action includes a punitive damage award: (1) the court shall send a written copy of the punitive damage award to the office of the attorney general; (2) the state's interest in the punitive damage award that is deposited into the violent crime victims compensation fund vests; and (3) the state becomes a creditor with respect to that part of the punitive damage award that is deposited into the violent crime victims compensation fund. Allows the attorney general to intervene in an action concerning the award of punitive damages to protect the state's interest in the punitive damage award from being reduced or eliminated by a court order or by an agreement among the parties to the action. Provides that the attorney general must consent to any settlement that reduces or eliminates the state's interest in a punitive damage award.

SB507    ATTORNEY AND JUDICIAL DISCIPLINE COMPLAINTS. (BRAY R) Permits a prosecuting attorney and a county public defender to seek reimbursement from the state for reasonable attorney's fees incurred in defending against a charge of attorney misconduct if: (1) the alleged misconduct relates to the person's official duties or status as a prosecuting attorney or public defender; (2) the charge of misconduct does not result in a sanction (except for a private reprimand); and (3) the attorney general approves the reimbursement.

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