Started By
Message

Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race

Posted on 9/26/23 at 6:14 am
Posted by Kreg Jennings
Parts Unknown
Member since Aug 2007
3294 posts
Posted on 9/26/23 at 6:14 am
If we want to truly improve in so many categories as a state….insurance cost, business climate, etc….then electing a candidate who will stop at nothing to get this done has got to be the focus.

Otherwise, what are we really hoping to change?
Posted by TigerAllNightLong
Member since Jul 2023
280 posts
Posted on 9/26/23 at 6:18 am to
Landry is a gimp for the Trial Attorneys.
Posted by DevilDagNS
Member since Dec 2017
2675 posts
Posted on 9/26/23 at 6:20 am to
Meaningful tort reform will never happen as long as we keep electing plaintiff attorneys to the legislature. So many of the "republican" and "conservative" candidates are scum sucking ambulance chasers at their day jobs. Absolutely no different than JBE, except they are running as republicans. They will never pass anything that will hurt their bottom line. For example, the St. Tammany RPEC, which one would think would be the most conservative panel in the state, is replete with plaintiff lawyers endorsing themselves. Its laughable.

Meaningful tort reform would entail addressing the "bad faith" statutes which incentivize mass insurance litigation.
This post was edited on 9/26/23 at 6:24 am
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 9/26/23 at 6:25 am to
quote:

Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race

What are your proposals?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 9/26/23 at 6:27 am to
quote:

Meaningful tort reform would entail addressing the "bad faith" statutes which incentivize mass insurance litigation.

I don't think this is the type of reform he was speaking of. seems he was referencing more BI claims.

How does our bad faith differ from other states? What would you like to see addressed?
Posted by Kreg Jennings
Parts Unknown
Member since Aug 2007
3294 posts
Posted on 9/26/23 at 6:32 am to
Lots. A good first step would be to lower the jury threshold to $0 like the majority of states.

Then, re-file the bill that didn’t get passed last time related to Litigation Financing Disclosure.
LINK

Would be a good start.
Posted by DevilDagNS
Member since Dec 2017
2675 posts
Posted on 9/26/23 at 6:43 am to
quote:

I don't think this is the type of reform he was speaking of. seems he was referencing more BI claims.


You mean like underinsured motorist claims?
Posted by Big Jim Slade
Member since Oct 2016
4932 posts
Posted on 9/26/23 at 6:48 am to
quote:

A good first step would be to lower the jury threshold to $0 like the majority of states.


Not sure if this would help. This doesn’t help in the two of the biggest parishes in the state, EBR and NOLA, where the plaintiffs would love everything going to a jury. The juries there are a big part of the problem. And Lake Charles, Shreveport/Bossier ($400mill wrongful death award comes to mind) and Alexandria juries aren’t exactly tort reform minded folks either. The number of parishes with defense minded, or even reasonable juries, are dwindling. Many people in La, aka potential jurors, share the lottery mentality when it comes to lawsuits. Sounds good on paper, but might end up being worse than the current system. However, I’m not aware of a viable solution as defendants are potentially damned either way.
Posted by Kreg Jennings
Parts Unknown
Member since Aug 2007
3294 posts
Posted on 9/26/23 at 6:53 am to
So, what type of tort reform would work from your point of view?
Posted by John Coctostan
Member since May 2018
553 posts
Posted on 9/26/23 at 7:03 am to
Simply changing the law to prevent WC claimants from choosing their own doctor for WC purposes would have a huge positive impact on the state’s economy.
Posted by Limitlesstigers
Lafayette
Member since Nov 2019
2838 posts
Posted on 9/26/23 at 7:07 am to
quote:

Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race
Not to voters, obviously. 2/3 of the voters here don't know what a "tort" is or even what the Federal Reserve is or what a "regulation" is.
Posted by Limitlesstigers
Lafayette
Member since Nov 2019
2838 posts
Posted on 9/26/23 at 7:16 am to
quote:

So many of the "republican" and "conservative" candidates are scum sucking ambulance chasers at their day jobs. Absolutely no different than JBE, except they are running as republicans. y
Louisiana is the poster child of government ran by economic illiterate social conservatives. When boomers made the big switch during the Republican Revolution of the 80's and 90's, Republicans in Louisiana completely ignored the chapter about government regulation.
Posted by SantaFe
Baton Rouge
Member since Apr 2019
6581 posts
Posted on 9/26/23 at 7:16 am to
quote:

Not to voters, obviously. 2/3 of the voters here don't know what a "tort" is or even what the Federal Reserve is or what a "regulation" is.


Perhaps each parish should have a pool of professional jurors ?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98830 posts
Posted on 9/26/23 at 7:17 am to
quote:

What are your proposals?


Future medical in reversionary trust

Loser pays (including attorneys fees)

Cap on general damages for all but most severe injuries

Mandatory mediation before pretrial conference.

Increase penalties for insurance bad faith but add a notice/safe harbor provision
Posted by TigerAllNightLong
Member since Jul 2023
280 posts
Posted on 9/26/23 at 7:19 am to
quote:

scum sucking ambulance chasers

they don’t bother me as much as the scum that are hollowing out the State’s industrial base. Those guys are evil.
Posted by Ribbed
Baton Rouge
Member since Jun 2023
2745 posts
Posted on 9/26/23 at 7:20 am to
I mean, yeah, but those billboards marring the countryside might have something to say about that.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98830 posts
Posted on 9/26/23 at 7:23 am to
quote:

I mean, yeah, but those billboards marring the countryside might have something to say about that


Some state bar association needs to nut up and challenge the Arizona decision. I think the current state of the Civil justice system is proof lawyer advertising should be constrained.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26511 posts
Posted on 9/26/23 at 7:28 am to
quote:

Meaningful tort reform will never happen as long as we keep electing plaintiff attorneys to the legislature. So many of the "republican" and "conservative" candidates are scum sucking ambulance chasers at their day jobs. Absolutely no different than JBE, except they are running as republicans. They will never pass anything that will hurt their bottom line. For example, the St. Tammany RPEC, which one would think would be the most conservative panel in the state, is replete with plaintiff lawyers endorsing themselves. Its laughable.


I won’t call all the plaintiffs guys scum and the entire problem (insurance companies play their part) but this guy gets it. The legislature doesn’t care about fixing anything. We aren’t serious as a state.
Posted by TigerAllNightLong
Member since Jul 2023
280 posts
Posted on 9/26/23 at 7:30 am to
quote:

won’t call all the plaintiffs guys scum and the entire problem (insurance companies play their part)

The biggest problem is lack of enforcement. Start booting everyone and rates will collapse.
Posted by Big Jim Slade
Member since Oct 2016
4932 posts
Posted on 9/26/23 at 7:34 am to
quote:

So, what type of tort reform would work from your point of view?


A good start would be addressing the judiciary. Elected judges win a popularity contest or a political machine turnout essentially and are then beholden to the voters. A better option might be a hybrid type of system where a bipartisan committee appoints judges using a merit based selection system who serve for a term and then they have to run in a subsequent retention election. That might raise the quality of judges by essentially enacting a screening system based on merits. But unsure if the La constitution would allow this.
This post was edited on 9/26/23 at 7:35 am
first pageprev pagePage 1 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram