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Committee narrows public‑nuisance language, creates task force to study tort reform
Summary
After amendments narrowing public‑nuisance language and removing certain fee awards, the committee agreed to create a summer task force to study broader tort‑reform proposals; supporters argued the limited changes protect small businesses while opponents warned the language could limit state and municipal public‑health nuisance actions.
Representative Lehman and Senator Freeman presented a significantly pared‑down version of House Bill 14‑17 that narrows public‑nuisance definitions, removes an award‑of‑attorney‑fees provision, and creates a task force to study tort‑reform options over the summer.
Senator Freeman described amendment 9 as limiting public‑nuisance actions and removing language that would have allowed fee awards. Representative Lehman said the task force is intended to be a stakeholder forum to examine evidence, compare other states’ reforms and seek bipartisan consensus.
Opponents urged caution. Attorney Scott Faltless warned that overly narrow public‑nuisance definitions could block large state recoveries in matters such as tobacco and opioid litigation and emerging social‑media public‑health claims; he supplied examples of major public‑nuisance settlements and urged careful drafting. The Indiana Trial Lawyers Association said it supports a "data‑driven" process and looks forward to participating in the task force.
Proponents including small‑business advocates said many small firms operate on thin margins and that frivolous or unpredictable public‑nuisance litigation can threaten small employers. Sponsors said they will work with Senator Freeman, the trial bar and other stakeholders to finalize narrower public‑nuisance language and to ensure the task force includes a broad range of participants.
What happens next: The committee passed the amended bill and established a task force to study tort issues and potential statutory changes; sponsors said they expect further work over the summer and potential second‑reading amendments.
