Friday, January 11, 2013

IF IT IS WINTER IN INDIANA, THE LEGISLATURE IS SESSION-STILL NOT ENOUGH SNOW TO SNOWMOBILE

There are numerous blogs that track new legislative proposals such as Massons Blog.

One proposal merits discussion for several reasons. It is SB88 The law would be an unprecedented change in the Indiana legal system. It would basically turn Indiana into a "Loser Pays" court system. Since the inception of this nation, we have employed the "American System", where absent a statute or contractual provision to the contrary, each  party to a lawsuit pays its own fees.

This is contrast to the "English System," where the loser pays the winner's attorney fees.

Such a change to the American legal system have been discussed, but never seriously considered.

SB88 was authored by Senator Mike Deplh of Carmel. Delph has introduced several of Pence's legislative agenda. Whether SB88 is a part of the Pence agenda is an open question. Delph claims that Pence people asked him to introduce it.
The Pence campaign, is taciturn about the measure and has not embraced the proposal as part of the Pence agenda.

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