INDIANA REFORMS
Appeal Bond Reform: HB 1204 (2002); Burns Ind.
Code Ann. § 34-49-5-3. 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); Amended Burns Ind.
Code Ann. § 33-28-4-8 (repealed effective July 1, 2007). 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); Amended Burns Ind. Code Ann. §
34-51-3-6. 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); Burns Ind.
Code Ann. § 34-30-23. 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.
State Use of Contingency Fee Counsel: S.B. 214
(2011); Burns Ind. Code Ann. § 4-6-3-2
Requires the attorney
general to make certain determinations before entering into a contingency fee
contract with a private attorney, and requires the attorney general to publish
certain information concerning contingency fee contracts on the attorney
general's website.
