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Does anyone hope that the La. legislature will pass a "loser pays" law?

Posted on 2/14/17 at 3:04 pm
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/14/17 at 3:04 pm
The regular session of the legislature will start on April 10.

We desperately need "loser pays" tort reform to reign in the plaintiff attorney gravy train by taking away much of the incentive of frivolous contingency lawsuits.

By "loser pays" I mean the system Alaska has enacted: It requires, in almost all every category of civil cases, the loser of the lawsuit to pay a portion of the winner’s attorney’s fees.

Even better would be to have the losing attorney on the hook to pay some of the winning attorney's fees, but that is too much to hope for.
Posted by Fun Bunch
New Orleans
Member since May 2008
115968 posts
Posted on 2/14/17 at 3:05 pm to
No chance.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 2/14/17 at 3:05 pm to
quote:


No chance.


/thread
Posted by FalseProphet
Mecca
Member since Dec 2011
11707 posts
Posted on 2/14/17 at 3:06 pm to
No. leave the cost of a case up to an uneducated jury? Never.
Posted by NorthEnd
Member since Oct 2007
2148 posts
Posted on 2/14/17 at 3:06 pm to
would just about cure the trial lawyer epidemic. One can only hope, but not sure about the chances a bunch of lawyers right a bill like that.
Posted by montanagator
Member since Jun 2015
16957 posts
Posted on 2/14/17 at 3:07 pm to
It's something that makes sense for Doctors, for suits against Big Companies it'd be dangerous.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 2/14/17 at 3:07 pm to
No way in hell.

Too many lawyers in elected positions and too much money to be pushed around by lawyers not in government positions.

This post was edited on 2/14/17 at 3:09 pm
Posted by therick711
South
Member since Jan 2008
25173 posts
Posted on 2/14/17 at 3:08 pm to
quote:

The regular session of the legislature will start on April 10.

We desperately need "loser pays" tort reform to reign in the plaintiff attorney gravy train by taking away much of the incentive of frivolous contingency lawsuits.


This is a state where we have a law that prevents a defendant from using the plaintiff's failure to wear a seatbelt as evidence in a personal injury suit. The plaintiffs' bar runs this state, and we all suffer for it.
Posted by Mudge87
NOLA
Member since Apr 2014
550 posts
Posted on 2/14/17 at 3:09 pm to
There's literally no way this gets passed. Btw there's already a lot of statutes that have attorney fee-shifting to penalize bad behavior.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/14/17 at 3:10 pm to
quote:

There's literally no way this gets passed.
I tend to agree. That's why I worded the title, "does anyone hope" it gets passed.
Posted by zeebo
Hammond
Member since Jan 2008
5196 posts
Posted on 2/14/17 at 3:11 pm to
Every suit is frivolous except the one you file.
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/14/17 at 3:12 pm to
quote:

No. leave the cost of a case up to an uneducated jury? Never.
Who is the cost of the case left up to now? The judge?

Aren't all judges lawyers?

Don't most of their campaign contributions come from lawyers?
Posted by LSURussian
Member since Feb 2005
126962 posts
Posted on 2/14/17 at 3:14 pm to
quote:

Every suit is frivolous except the one you file.
Nah, many lawsuits are needed to compensate someone for someone's negligence.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54212 posts
Posted on 2/14/17 at 3:24 pm to
I won a lawsuit several years back here in Ark. It wasn't over damages involving money but my lawyer did have it worded that the guy I was suing had to pay my lawyer's fee.
Posted by Fun Bunch
New Orleans
Member since May 2008
115968 posts
Posted on 2/14/17 at 3:26 pm to
First of all, it basically gives immunities to large companies to destroy people if they get off on some stupid technicality. Discourages legit suites.

Second, there are already multiple ways to do this, such as Offers of Judgement.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67989 posts
Posted on 2/14/17 at 3:26 pm to
England has it and Texas has a limited version of it.
Posted by Mudge87
NOLA
Member since Apr 2014
550 posts
Posted on 2/14/17 at 3:30 pm to
quote:

First of all, it basically gives immunities to large companies to destroy people if they get off on some stupid technicality. Discourages legit suites.


Also, it may take many months or years of post-filing discovery to determine what exact wrongdoing occurred and to what extent.
Posted by civiltiger07
Baton Rouge
Member since Dec 2011
14033 posts
Posted on 2/14/17 at 3:33 pm to
quote:

uneducated jury


Isn't the whole point of a trial to educate the jury so they can make a informed ruling?

Sounds to me like you are butt hurt because you are possibly a lawyer that sucks at his/her job.
Posted by theronswanson
House built with my hands
Member since Feb 2012
2976 posts
Posted on 2/14/17 at 3:43 pm to
You have not thought this through. If there is a simple rear end collision there is no incentive to settle. Just rack up the bill, try it, win and you get the award PLUS attorney fees.
Posted by buckeye_vol
Member since Jul 2014
35239 posts
Posted on 2/14/17 at 3:47 pm to
Shouldn't there be a standard to meet to determine that the loser pays?

If it's a close case, then each side probably had a legitimate claim, as opposed to a frivolous suit, like judge in DC who sued the dry cleaners for losing a piece of clothing.
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