IN HB1297

Courts must award costs and attorney's fees to the prevailing party when granting a motion to dismiss (in whole or in part) based on a claim being frivolous, unreasonable, or groundless

Changes existing law from discretionary ("may award") to mandatory ("shall award") for fee-shifting in dismissed frivolous cases

Existing discretionary fee awards remain available when a party brings frivolous claims, continues litigation after claims become frivolous, or litigates in bad faith

Prevailing parties may still pursue separate abuse of process claims but cannot recover the same attorney's fees twice

Effective date: July 1, 2014