The Senate Judiciary Committee heard SB 199 on recovery of litigation expenses. The bill, authored by Sen. Koch, requires a court to award reasonable litigation expenses to the prevailing party in a civil action brought against that party by a governmental entity if the court finds that the civil action was brought by the governmental entity without substantial justification.
The bill was amended by consent to provide a provision allowing for attorney’s fees to be awarded in a case in which a court finds that the claim was frivolous, unreasonable, or groundless may be applied to a governmental entity, but provides the provision may not be interpreted to waive sovereign immunity. The amendment also includes individuals in the list of parties that may seek reasonable fees and expenses in a civil suit against a state agency and increases the amount of fees and expenses awarded against a state agency from $10,000 to $50,000, and from $30,000 to $150,000 if more than three parties in a case are eligible for an award.
The National Federation of Independent Business Indiana and a golf course owner from Marion testified in support of the bill. The amended bill passed 8-0.
Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/199