Loser-Pay Tort Reform | Page 2 | TigerDroppings.com
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NC_Tigah
LSU Fan
Carolinas
Member since Sep 2003
58382 posts
Online

re: Loser-Pay Tort Reform

quote:

I spent a week on a civil trial jury where it was an apparent money grab. The plaintiff was a POS and the company he sued spent no telling how much money on legal fees an we knew on day one there wasn't much of a case.
But I could swear folks here have assured me that kind of case never makes it to court.


I B Freeman
Member since Oct 2009
8289 posts

re: Loser-Pay Tort Reform
Absolutely I support it.

All the Commonwealth countries have it and it appears to me the citizens of Australia are doing just fine under a loser pay system.


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RogerTheShrubber
LSU Fan
Juneau, AK
Member since Jan 2009
100916 posts
Online

re: Loser-Pay Tort Reform
quote:

But I could swear folks here have assured me that kind of case never makes it to court.


Yeah, I have heard that too, but that was one miserable experience.

Judge Tom Stagg was presiding, Federal Court in Shreveport. Interesting guy. Last day of the trial we had a foot of ran and he was brought into court in a boat. He was extremely impressed that the jury made it.
This post was edited on 3/24 at 10:08 pm


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Asgard Device
The Daedalus
Member since Apr 2011
7681 posts

re: Loser-Pay Tort Reform
This is really not a good scenario, where people believe they were wronged but are afraid of being saddled with a huge legal bill if the courts decide otherwise. I'm not sure why any American would think that was a good thing.

I'm sure corporations will not shift billable hours away from cases that are settled, to the cases they win.


RogerTheShrubber
LSU Fan
Juneau, AK
Member since Jan 2009
100916 posts
Online

re: Loser-Pay Tort Reform
What about the poor sap wrongly sued?


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TheOcean
Florida State Fan
Member since Aug 2004
32662 posts

re: Loser-Pay Tort Reform
A much more pragmatic approach to tort reform is to dump the system entirely. Get rid of insurance companies all together.

Aka the New Zealand approach.

LINK

Estimates show this would save us anywhere from 25% to 100% from our current system.


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TheOcean
Florida State Fan
Member since Aug 2004
32662 posts

re: Loser-Pay Tort Reform
quote:

Lawyers would never let it come to a vote


Insurance companies.


NC_Tigah
LSU Fan
Carolinas
Member since Sep 2003
58382 posts
Online

re: Loser-Pay Tort Reform
quote:

quote:

Lawyers would never let it come to a vote
Insurance companies.


JohnnyKilroy
New Orleans Pelicans Fan
Member since Oct 2012
9563 posts

re: Loser-Pay Tort Reform
quote:

1) Deters Just cases that aren't clear winners



Good luck every reaching a verdict against a large company.

I'm sure people will fine trying to take on a large corp., knowing that if they lose they will be on the hook for hundreds of thousands of dollars.

Oh you want to appeal the lower court's ruling? Better hope you're fricking right because if you aren't that's another 10+ grand easy.

Loser pays is dumb as shite.
This post was edited on 3/25 at 12:44 am


Zed
Alabama Fan
Member since Feb 2010
8298 posts

re: Loser-Pay Tort Reform
quote:

I'm sure people will fine trying to take on a large corp., knowing that if they lose they will be on the hook for hundreds of thousands of dollars.

This seems to be the obvious problem. Perhaps the decision to make the loser pay could be left to the jury if they find the lawsuit frivolous?


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Nuts4LSU
LSU Fan
Washington, DC
Member since Oct 2003
19338 posts

re: Loser-Pay Tort Reform
quote:

Insurance rates and claims/costs went down


I call bull shite unless you have a link. I have never heard of insurance companies lowering their premiums after being given a change in the law they claimed would lower premiums. Every time they've ever claimed that rates would go down if they could just get another change in the law in their favor, it's been a lie.


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LSURussian
LSU Fan
Member since Feb 2005
85157 posts

re: Loser-Pay Tort Reform
quote:

Would you support a switch to what is known as Loser Pay System in Civil Cases.

Yes.


Asgard Device
The Daedalus
Member since Apr 2011
7681 posts

re: Loser-Pay Tort Reform
You'd have to put caps on just how much in legal fees one can saddle the loser with.

Being able to file a lawsuit is a right. Having an expensive legal team, much less any lawyer at all, is not a right.

Loser pays $2k max would serve the stated purpose of punishing overly litigious folks while still retaining access to the American judicial system.


NaturalBeam
LSU Fan
Member since Sep 2007
13190 posts

re: Loser-Pay Tort Reform
quote:

Loser pays $2k max would serve the stated purpose of punishing overly litigious folks while still retaining access to the American judicial system.
Sure, but then you'd have to have a waiver for the indigent for this to even come remotely close to passing Constitutional muster - and a waiver for the indigent wouldn't prevent the large # of "frivolous" lawsuits anyhow as the poors sue more than the non-poors.



Keltic Tiger
LSU Fan
Baton Rouge
Member since Dec 2006
5724 posts
Online

re: Loser-Pay Tort Reform
Do you have any idea how many plaintiff attys are in the State Legislature? And how many sue the State each yr? And how many use their "access" to State information & statistics to help them in their suits against the State? This will never ever happen. Go sit in any CDC (Orleans Parish)civil suit & you'll learn fast just how fair this current system is.


CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46942 posts

re: Loser-Pay Tort Reform
Most of the people that bring frivilous suits are judgment proof, no chace of getting 2K out of them, or any of the costs they created, and not worth the effort.


Sanctions should be on attorneys that bring the suits not the dysfunctionals that want to get rich on a fraud. No attorney, no suit. The attorney evaluates the case, he knows the facts he is presenting, that is the point of pressure.


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NaturalBeam
LSU Fan
Member since Sep 2007
13190 posts

re: Loser-Pay Tort Reform
quote:

And how many use their "access" to State information & statistics to help them in their suits against the State? This will never ever happen
What does this even mean? Are you referring to lawyers using public info of the state? The horror!


crawdaddy52
Vanderbilt Fan
Member since Dec 2010
898 posts

re: Loser-Pay Tort Reform
Judges decide if a case has merit. Why does this board have a problem with our basic legal system. 90% of court cases are businesses suing other businesses. I have never heard anyone, not even a doctor say that they weren't going to make an investment because they were afraid of being sued. Yeah they mouth the tired, trite generalizations like this board but "tort reform" is not is the decision making process.


CarrolltonTiger
LSU Fan
New Orleans
Member since Aug 2005
46942 posts

re: Loser-Pay Tort Reform
quote:

Judges decide if a case has merit.


I think the point is a lot of time and money can be spent defending a frivolous suit before it ever gets to a judge or a position where the judge can dismiss it. Not that a judge does not make decisions in a case.



SammyTiger
LSU Fan
Baton Rouge, LA
Member since Feb 2009
13808 posts
Online

re: Loser-Pay Tort Reform
quote:

Judges decide if a case has merit. Why does this board have a problem with our basic legal system. 90% of court cases are businesses suing other businesses. I have never heard anyone, not even a doctor say that they weren't going to make an investment because they were afraid of being sued. Yeah they mouth the tired, trite generalizations like this board but "tort reform" is not is the decision making process.


With the current system even winning a suit brought against you will cost you money. Even winning is financially detrimental to a defendant.


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