Bill Watch, Jan. 15, 2019: Current Litigation Legislation of Note

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.

HB1012    PRODUCT LIABILITY ACTIONS. (TORR J) Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based on: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos.

HB1055    JUDGMENT LIENS. (TORR J) Provides that additional identifying information must be included when recording a judgment lien. Provides that a judgment lien is extinguished when certain items are recorded with the office of the county recorder in the county where the judgment lien was recorded.

HB1061    ATTORNEY'S FEES. (LEONARD D) Requires a court to award attorney's fees to the prevailing party in all civil actions.

SB27    PUNITIVE DAMAGES. (BECKER V) Provides that limitations on punitive damages do not apply to civil actions in which the person requesting the punitive damages was injured as a result of conduct described in certain criminal sexual misconduct statutes.

SB192    NONCONSENSUAL PORNOGRAPHY. (BOHACEK M) Defines "intimate image" and creates a civil cause of action against a person who displays or distributes an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff is entitled to court costs, reasonable attorney's fees, and: (1) actual damages; or (2) liquidated damages not to exceed $10,000. Establishes criteria to be used by the trier of fact in determining damages.

SB208    ELECTRONIC FILING AND NOTICE. (YOUNG M) Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court.

SB220    GOING UPON THE PREMISES OF ANOTHER. (KOCH E) Amends the law providing that a person who goes upon the premises of another for certain purposes does not have an assurance that the premises are safe for the person's purpose. Specifies that the law applies to a person who goes upon the premises of another for the purpose of departing from a trail, greenway, or similar area.