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@icemiller.com.
Click here to view the full Bill Watch reports.
HB1127 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 in the Uniform Consumer Credit Code (UCCC) that: (1) except: (A) for the limit on finance charges that applies to supervised loans under the UCCC, as applied to the funded amount in a CPAP transaction; and (B) as otherwise determined by a court with jurisdiction; the UCCC does not apply to a CPAP transaction; and (2) CPAP transactions and CPAP providers are subject to regulation by the department and to all applicable requirements, prohibitions, and penalties set forth in the new provisions concerning CPAP transactions.
HB1225 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.
SB124 WRONGFUL DEATH ACTIONS AND ATTORNEY'S FEES. (RANDOLPH L) Provides that, in a general wrongful death action, if a decedent leaves a widow or widower, dependent children, or dependent next of kin, damages may include reasonable attorney's fees incurred for bringing and maintaining the wrongful death action. Specifies that, in an adult wrongful death action, damages may include reasonable attorney's fees incurred for bringing and maintaining the action.
SB146 TORT CLAIMS IMMUNITY. (CHARBONNEAU E) Provides that the tort claims act applies to a claim against certain approved postsecondary educational institutions if: (1) the institution has complied with certain data sharing requirements; and (2) the claim relates to a breach of this data.