Sec. 8. If a court finds that a motion to dismiss made under this chapter is:
(1) frivolous; or
(2) solely intended to cause unnecessary delay;
the plaintiff is entitled to recover reasonable attorney's fees and costs to answer the motion.
Ind. Code § 34-7-7-8
Costs and attorney's fees; defendant unsuccessful in motion to dismiss
Applied in 2 court decisions — leading case 86 F. Supp. 3d 900 - Kadambi v. Express Scripts, Inc. (2015)
Most recently applied in Paul Gresk, Trustee for the Bankruptcy Estate of Derek VanWinkle and Stacey VanWinkle on behalf of M v. and A v. their minor children v. Cortney Demetris, M.D. (July 2017)
As added by P.L.114-1998, SEC.7.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.