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Bill Watch, Feb. 19, 2019: Current Litigation Legislation of Note - Litigation News

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Litigation News


Posted on: Feb 19, 2019

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    LIENS. (TORR J) Permits a person to discharge a mechanic's lien by filing an indemnification or payment bond with the recorder's office in an amount equal to at least 150% of the lien. Requires the surety responsible for issuing an indemnification or payment bond to: (1) be authorized to do business in Indiana; and (2) be rated at least "A-" by at least one nationally recognized investment rating service. Specifies certain requirements concerning the recording of an indemnification or payment bond. Repeals the current statute concerning the filing of an undertaking to discharge a lien. Urges the legislative council to assign to the appropriate interim study committee (committee) the topic of judgment liens. Provides that if the topic of judgment liens is assigned to the appropriate committee, the following topics will be addressed by the committee: (1) The feasability of developing, preparing, and implementing, before January 1, 2021, a plan, protocol, or Internet based system concerning judgments and pending cases. (2) The feasibility of providing, before January 1, 2021, all necessary training and education to clerks of court regarding any plan, protocol, or Internet based system concerning judgments or pending cases. (3) Any other issue or topic relevant to the development and implementation of any plan, protocol, or Internet based system concerning judgments or pending cases. Makes conforming amendments.

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

HB1510    RIGHT TO JURY IN CERTAIN ADMINISTRATIVE PROCEEDINGS. (BORDERS B) Provides that a person seeking judicial review of the final revocation of a professional license has the right to a jury trial.

HB1579    PUNITIVE DAMAGES. (CANDELARIA REARDON M) Eliminates the requirement that 75% of a punitive damages award in a civil case be deposited into the violent crime victims compensation fund.

HB1585    FIRE DEPARTMENT CARCINOGEN EXPOSURE FEE. (WESCO T) Authorizes the establishment and collection of a carcinogen exposure fee of up to $500 to be collected from the owner, lessee, or occupant of a dwelling or office, or from the owner's, lessee's, or occupant's insurance company, after a fire department established by a county, city, town, or township or a volunteer fire department has fought a fire involving the dwelling or office. Provides that the proceeds of the carcinogen exposure fee must be used for expenditures that help to protect firefighters against the effects of potential or suspected carcinogens and other toxic gases to which they are exposed when fighting fires, such as: (1) the purchase or repair of specialized washing machines to remove potentially carcinogenic or toxic residue from the firefighters' turnout gear after it has been worn while fighting a fire; (2) the purchase of extra sets of turnout gear so that firefighters may wear clean turnout gear while the turnout gear worn while fighting a previous fire is being cleaned; and (3) paying the cost of health screening of firefighters for types of cancer and other health problems that are believed to be more common among firefighters than among the general public due to the exposure of firefighters to carcinogens and other toxic gases from fires. Provides that the carcinogen exposure fee must be established by ordinance of the legislative body of the county, city, town, or township served by the fire department.

SB27    PUNITIVE DAMAGES. (BECKER V) Provides that certain limitations on punitive damages do not apply to civil actions where the defendant has been charged with committing an act of sexual misconduct and the act of sexual misconduct gives rise to the civil action. Raises cap on punitive damages for such claims to $250,000. Provides that 25% of punitive damages awarded will go to the violent crime victims compensation fund and 75% of the punitive damages awarded will be paid to the person to whom the punitive damages were awarded. Provides that the exception to the punitive damages law does not apply to a cause of action brought against an employer whose liability is based solely on the doctrine of respondeat superior.

SB192    NONCONSENSUAL PORNOGRAPHY. (BOHACEK M) Defines "intimate image" and creates a civil cause of action against a person who discloses an intimate image without the consent of the individual depicted in the intimate image. Provides that a prevailing plaintiff may recover the greater of: (1) economic and noneconomic damages; or (2) statutory damages not to exceed $10,000; plus attorney's fees, court costs, and other relief, including injunctive relief. Establishes criteria to be used by the trier of fact in determining damages. Provides that an interactive computer service may not be liable for disclosing nonconsensual pornography.

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.

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