Indiana Code
Ind. Code § 34-7-7-8 (2026)
Costs and attorney's fees; defendant unsuccessful in motion to dismiss
✓ current as of May 2026
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.
As added by P.L.114-1998, SEC.7.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2015–2021 · leading case: Kadambi v. Express Scripts, Inc., 86 F. Supp. 3d 900 (N.D. Ind. 2015).
Kadambi v. Express Scripts, Inc., 86 F. Supp. 3d 900 (N.D. Ind. 2015). “However, the Court does not find that the motion was either “frivolous” or “solely intended to cause unnecessary delay,” Ind. Code § 34-7-7-8 , because the arguments appear to have been made in good faith by the defendants and without any intent to harass the plaintiffs.”
Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 96 N.E.3d 564 (Ind. 2018). “§ 34-7-7-8. Dismissal under the statute is in addition to other remedies provided by the law.”
Paul Gresk, Tr. for the Bankr. Est. of Derek VanWinkle & Stacey VanWinkle on behalf of M v. & A v. their minor Child. v. Cortney Demetris, M.D., 81 N.E.3d 645 (Ind. Ct. App. 2017). “Ind. Code § 34-7-7-8 . In her motion to dismiss, Dr.”
Turner v. Miller (S.D. Ind. 2021). “(quoting Ind. Code § 34-7-7-8 ). In reply, the Bakers contend that Turner's response "corroborates and supports the Bakers' position that they were justified in calling the authorities to express their concern.”
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