Senate passes measure allowing recovery against malicious civil suits after heated floor debate
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Summary
After extended floor debate, the Senate approved Senate File 2157, a measure that allows recovery of actual damages when a civil suit is filed with malicious probable cause; the bill passed 29–17 with opponents warning it will increase litigation and costs.
After extended debate on the Senate floor, the chamber passed Senate File 2157, a bill that would permit recovery of actual damages in civil actions where a plaintiff filed suit with malicious probable cause.
Senator Bussello, who sponsored the bill, said the measure is intended "to provide an additional tool to combat" frivolous or abusive lawsuits and to allow some recovery for defendants who suffer from malicious litigation. He described the statute as intended to supplement existing common-law remedies and said other states have enacted similar provisions.
Senator Blake delivered an extended, floor opposition, calling on colleagues to reject the change. "What this bill will do is actually cause more friction in the litigation process," Blake said, arguing the measure will produce "a battle of experts" over intent and probable cause and will raise costs for litigants. He warned the bill could allow countersuits under the new statute, increasing litigation rather than reducing it.
Senator Bussello responded in final remarks that existing common-law avenues do not always provide full compensation and that codifying a remedy would encourage people to "think twice" before filing a malicious suit.
On the final vote, the roll call recorded 29 yeas and 17 nays. The bill "having received a constitutional majority" was declared passed and the title agreed to.
What happens next: The bill was ordered messaged following the vote; additional procedural steps and any implementing rulemaking or guidance were not described on the floor.