February 4, 2006

H.B. 1277 was introduced into the Indiana House last month by Rep. William E. Bright. It calls for attorneys' fees to be awarded to the prevailing party in civil litigation, but is silent on the question of what "prevailing" means, a flaw frequently observed in proposals to emulate the rest-of-the-world rule on fees (via the American Tort Reform Association's January 2006 Tort Reform Outlook).