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Current Legislation of Note - Litigation News

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Litigation News


Posted on: Jan 29, 2014

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 Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1017 CASTLE DOCTRINE & VICARIOUS LIABILITY (LUCAS J)
Defines "person" and provides that a person is immune from civil liability for damages caused by another person's use of force if the other person's use of force was a valid exercise of the other person's right to self-defense.

SB40 NONPARTY IMMUNITY (STEELE B)
Prohibits a defendant from asserting a nonparty defense, under which a defendant asserts that the damages of the claimant were caused in full or in part by a nonparty, if an Indiana statute grants the nonparty immunity from liability. Provides that the failure to assert a nonparty defense naming as a nonparty a person granted statutory immunity does not constitute legal malpractice.

SB138 VICTIM ADVOCATES IN CIVIL PROCEEDINGS. (BECKER V)
Removes restrictions on grants from the victim services division of the Indiana criminal justice institute for certain entities to enter into a contract with the domestic violence prevention and treatment council. Provides that a court may allow a victim advocate to attend a civil proceeding and confer with a victim as necessary.

SB366 TOWNSHIP SMALL CLAIMS COURTS AND GARNISHMENTS (SCHNEIDER S)
Requires the judges of all the Marion County township small claims courts to select from among themselves a small claims administrative judge to carry out certain duties currently performed by the Marion circuit court judge, including adopting uniform rules for conducting the business of the small claims courts. Allows a vacationing small claims court judge instead of the Marion circuit court judge to authorize the appointment of a judge pro tempore to handle the judicial business of the small claims court. Makes changes to the maximum part of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment to enforce the payment of any judgments against the individual. Requires a court to order: (1) any property, income, or profits of a judgment debtor not exempt from execution or process or any debt due to the judgment debtor to be applied to the satisfaction of the judgment and forbid transfers of property and choses in action; and (2) that the judgment or execution is a continuing lien upon the income or profits of the judgment debtor in the hands either of the judgment debtor or any other person from the date the order is served upon the person indebted to the judgment debtor to the extent that the lien, together with all similar liens, is allowed by law.

SB380 MALPRACTICE LIMITATIONS (WALTZ B)
Raises the aggregate damages that may be obtained for the death of an adult person from $300,000 to $1,250,000. Requires the health finance commission to study during the 2014 legislative interim: (1) whether additional training for health facility employees is needed and the funding mechanism to provide the training; and (2) whether additional oversight and regulation of health facilities are necessary for the safety of health facility residents.

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