INDIANA REFORMS
Appeal Bond Reform: HB 1204 (2002). Limits
the amount a defendant can be required to pay to secure the right to appeal
punitive damages awards to $25 million.
Collateral Source Rule Reform: SB 394 (1986): Ind. Code
Ann. § 34-44-1-2. Permits the admissibility of evidence of collateral
source payments from sources other than life insurance, other insurance for
which the plaintiff or members of the plaintiff’s family have paid directly, or
payments made by the United States or any of its agencies or subdivisions. Provides for awards to be
offset at the court’s discretion.
Permits a court to instruct a jury to disregard tax
consequences of its verdict.
Frivolous Lawsuit Sanction: SB 393 (1986). Allows a court to assess court costs and attorneys’
fees for frivolous conduct.
Joint and Several Liability Reform: Ind. Code
Ann. § 34-51-2-8. Bars
application of the rule of joint and several liability
in the recovery of all damages.
Jury Service Reform: S.B. 232 (2006). Makes the following changes to improve the jury
system: (1) provides a one-time postponement
to another date within one year upon a showing of hardship, extreme inconvenience,
or necessity; (2) protects an individual called for jury service who provides
reasonable notice to his or her employer from being subjected to adverse employment
action; (3) prohibits employers from requiring or requesting employees to use
annual leave for jury service. In addition, the legislation eliminates
automatic postponement from jury service including those for ferry-keepers and
persons employed in attendance at such ferry, people age 65 and older,
government officials, legislators, armed services, veterinarians, dentists,
Indianapolis School Board members, and police and fire department members.
Medical Liability Reform: Contingent Fee Reform: Ind. Code
Ann. § 34-18-18-1. Limits contingent fees in medical
liability cases to 15% of the recovery that comes from the Patient’s
Compensation Fund.
Medical Liability Reform: Damages Limits: Ind. Code
Ann. § 34-18-14-3. Limits the total amount
recoverable in medical liability cases to $750,000 for acts that occur before July 1, 1999, and $1,250,000 for acts that
occur after July 1, 1999. Requires
any amount awarded in excess of these limits to be paid from the Patient’s
Compensation Fund.
Medical Liability Reform: Periodic Payment of
Future Damages: Ind. Code
Ann. § 34-18-14-4. Permits, but does not require, a court to order the
periodic payment of future damages in medical liability cases.
Medical Liability Reform: Punitive Damages: S.B.
0296 (2006). Permits the Attorney General's office to negotiate
and compromise the portion of a punitive damages award that is to be paid to
the state. Provides that the state's interest in a punitive
damages award is effective when a finder of fact announces a verdict that
includes punitive damages.
Obesity Litigation Reform: H.B. 1113 (2006). Exempts from civil liability manufacturers, producers,
packers, distributors, carriers, holders, sellers, marketers, and advertisers
of food (as defined in 21 U.S.C. 321 (f)) or an association of one or more such
entities for claims arising out of weight gain, obesity, a health condition
associated with weight gain or obesity, or other generally known conditions
allegedly caused or likely to result from the long-term consumption of food. The liability
exemption does not apply if the claim is based on a
material violation of a state or federal adulteration or misbranding
requirement. The liability exemption
also does not apply for any other material violation of federal or state law applicable
to the manufacturing, marketing, distribution, advertising, labeling
or sale of food and the violation was committed knowingly and willfully.
Product Liability Reform: HB 1741 (1995).
Bars application of the
rule of joint and several liability in product liability cases.
Provides a rebuttable presumption that a product is not defective if:
(1) the manufacturer of the product conformed with recognized “state of the
art” safety guidelines; or (2) the manufacturer of the product complied with
government standards (i.e. approved by FDA, FAA etc...). Restricts strict liability
actions to the manufacturer of the product.
Punitive Damages Reform: HB 1741 (1995): Ind. Code
Ann. § 34-51-3-4.
Limits the award of punitive damages to the greater of
three times the award of compensatory damages or $50,000. Requires 75% of punitive damage awards to be paid to the state fund.
