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Message
re: Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race
Posted on 9/26/23 at 9:23 am to Kreg Jennings
Posted on 9/26/23 at 9:23 am to Kreg Jennings
quote:
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?
Money in rural/local politics makes a difference. Trial Lawyers, attorneys and the Bar Association have a metric shite ton of it.
So if you want tort reform and you're a candidate for Governor and you want to win election, you want to STFU about it until you're in office.
The reason is that the two functions of being a good Governor-or any good politician-is running for office (IE-being a good enough candidate to be elected) and then holding office.
If you don't want your name smeared and your candidacy/electability destroyed, then you'll STFU about issues that folks with tons of money are motivated by.
Tort Reform talk will cause even Republican attorneys and lawyers to spend all of their money against whomever is talking it. You can dislike that all you want, but Citizens United and the SCOTUS make money in politics a reality, and people spend money in politics to support their own self interest.
So if you want tort reform, you want a candidate who believes in it but somehow will never tell you about it publicly, because they'll never win.
Go look at the sheer amount of money that John Bel Edwards had spent on his PAC's and campaigns over two cycles when both of the last R candidates talked tort reform. Again, you may not like that idea. I don't particularly care for it.
But I care to talk about reality more than some pie-in-the-sky, never-neverland that doesn't exist...and candidates who talk tort reform are going to create their own opposition candidates through vast sums of money spent against them.
So actual conservatives who are tort-reform minded should STFU about it IMO. Just get elected and THEN get it done.
1
Posted on 9/26/23 at 9:48 am to udtiger
quote:Boom.
Future medical in reversionary trust
Posted on 9/26/23 at 9:51 am to Bjorn Cyborg
quote:
It's probably a combination of multiple factors, including demographics and the legal climate.
I’ve had several national insurance people tell me that it isn’t so much the nuclear jury verdicts causing headaches in La but the sheer volume of claims. La is a litigious state. Many plaintiffs claiming to be hurt go see a lawyer before a doctor. Several call their lawyer from the scene of an accident They’re then sent to a doctor who is down with the program. There is a lottery mentality. If you can “catch a suit”, the perception is that you’re getting paid. Every slip/ fall, minor tap and rear end collision ends up in a Bodily injury payout.
Posted on 9/26/23 at 10:18 am to Big Jim Slade
This is accurate. Volume is a far larger problem than jury verdicts. Louisiana is actually on average low on verdicts. Juries are mostly sensible - except in Orleans which is a judicial hell hole and you’re basically fricked if you get sued. The judges are lazy and mostly stupid and the juries are insane.
Posted on 9/26/23 at 10:30 am to Kreg Jennings
The solution is to place but cap all injury claims paid by the party at fault to 100k. In order to do this, we would have to increase the min insurace required to 100k. By greatly reducing the massive payouts, insurance cost as a whole will come down making these 100k policies cheaper than the min coverages offered now. If people want more than 100k, they would have to buy a policy for however much they think they need, sort of like a life insurance policy.
Posted on 9/26/23 at 10:32 am to SlowFlowPro
quote:take the texas constitution or florida and use it.
What are your proposals?
This post was edited on 9/26/23 at 10:32 am
Posted on 9/26/23 at 10:45 am to Kreg Jennings
quote:
Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race
Good thing the board favorite is endorsed by the trial attorneys...
But I guess the fact that he is friends with Trump Jr overrides all that, right?
Posted on 9/26/23 at 2:15 pm to SlowFlowPro
quote:
That's the easiest for the middle-large verdicts for sure, the problem is that a bunch of "small government conservatives" are now demanding government intervention into economic avenues. It is showing their true colors.
I'm one of the few true small government conservatives on this board.
I believe in the Phil Valentine description of small government, which is that government should only do the things that the private sector can't, shouldn't, or won't do.
Since it doesn't seem like the private sector has the ability to fix this problem, it may need a government solution.
Posted on 9/26/23 at 2:19 pm to GFunk
quote:
But I care to talk about reality more than some pie-in-the-sky, never-neverland that doesn't exist...and candidates who talk tort reform are going to create their own opposition candidates through vast sums of money spent against them.
So actual conservatives who are tort-reform minded should STFU about it IMO. Just get elected and THEN get it done
Maybe if every legislator and governor was all term limited at the same time.
Otherwise, someone is ALWAYS running for another election, so by your measure, they will never actually be able to address the issue.
Posted on 9/26/23 at 2:26 pm to Limitlesstigers
quote:
2/3 of the voters here don't know what a "tort" is
Do too! It's a breakfast treat that's yummy with coffee.
Posted on 9/26/23 at 2:42 pm to Kreg Jennings
Back in the 50s and 60s I never saw a TV ad, newspaper ad or billboard advertising a lawyer. It wasn't a ban by law. It was just something lawyers didn't do. I asked one and he said 'We consider it very unprofessional.'
Something changed.
Something changed.
Posted on 9/26/23 at 3:01 pm to Kreg Jennings
Our company had a company truck merge to the center on the interstate in Alabama and a car merged toward center also and they bumped. No one hurt, pulled over got police report etc. Insurance said in Alabama unless 100% proven at fault each party insurance fixes their own. In Louisiana that would have been millions to billboard lawyer scum. Why can't Louisiana law be the same as Alabama?
Posted on 9/26/23 at 3:18 pm to Kreg Jennings
Tort reform would not be my #1 issue if I were governor, but it would be in the top 6.
6. Tort reform
5. Drainage and coastal protection/restoration
4. Criminal justice reform (creating stricter sentencing, parole, and bail guidelines for rape, armed robbery, attempted murder, murder, carjacking, etc to remove the judge and da flexibility that leads to “revolving doors” for criminals. Marijuana and concealed weapons possession would become completely decriminalized. I would also overhaul what ticket revenue can be used to fund so that police departments no longer profit off of tickets or base their budgets off of speed traps)
3. Road/rail Infrastructure plan (investment in repairing dilapidated bridges, build I-49 connector, build BR loop with new bridge, replace Lake Charles bridge of death, upgrade rail crossings for BR/New Orleans passenger rail that eventually will run from BTR to downtown NOLA connecting SU, Exxon, downtown BR, Blue Bayou, Gonzales, Marathon, LaPlace, Norco, MSY, and Xavier along the way. The downtown BR station would have a streetcar line that goes east/west to River Center where it meets another line going north/south between the capitol and LSU)
2. Tax reform (eliminate inventory tax and income tax, lower state tax revenue in concert with reduced responsibilities of state government so locals can tax themselves more and take more responsibility)
1. Constitutional reform (reduce number of parishes, divest many state government responsibilities to parish governments, eliminate line item veto, give local control to many boards and commissions, etc)
6. Tort reform
5. Drainage and coastal protection/restoration
4. Criminal justice reform (creating stricter sentencing, parole, and bail guidelines for rape, armed robbery, attempted murder, murder, carjacking, etc to remove the judge and da flexibility that leads to “revolving doors” for criminals. Marijuana and concealed weapons possession would become completely decriminalized. I would also overhaul what ticket revenue can be used to fund so that police departments no longer profit off of tickets or base their budgets off of speed traps)
3. Road/rail Infrastructure plan (investment in repairing dilapidated bridges, build I-49 connector, build BR loop with new bridge, replace Lake Charles bridge of death, upgrade rail crossings for BR/New Orleans passenger rail that eventually will run from BTR to downtown NOLA connecting SU, Exxon, downtown BR, Blue Bayou, Gonzales, Marathon, LaPlace, Norco, MSY, and Xavier along the way. The downtown BR station would have a streetcar line that goes east/west to River Center where it meets another line going north/south between the capitol and LSU)
2. Tax reform (eliminate inventory tax and income tax, lower state tax revenue in concert with reduced responsibilities of state government so locals can tax themselves more and take more responsibility)
1. Constitutional reform (reduce number of parishes, divest many state government responsibilities to parish governments, eliminate line item veto, give local control to many boards and commissions, etc)
This post was edited on 9/26/23 at 3:45 pm
Posted on 9/26/23 at 3:53 pm to Kreg Jennings
quote:
If we want to truly improve in so many categories as a state….insurance cost, business climate, etc
There have been multiple areas that have undergone tort reform over the last several years do you know what that did for insurance rates? Absolutely nothing. It's fine to blame the lawyers but acting like insurance companies are ever lowering your rates is stupidity at its finest.
This post was edited on 9/26/23 at 3:58 pm
Posted on 9/26/23 at 4:01 pm to DevilDagNS
quote:
Meaningful tort reform would entail addressing the "bad faith" statutes which incentivize mass insurance litigation.
As First Circuit Judge Guy Holdridge put it in his concurring opinion in a recent bad faith case:
quote:
I respectfully concur in the result. I write separately to urge the legislature to re-examine La. R.S. 22:1892 and all of the penalty provisions involving insurance contracts. The provisions are confusing at best and have been used as a negotiating weapon in the practice of law. While the majority opinion correctly wades through the legal quagmire of applying the penalty provision in this case, the multiple legal questions and issues raised herein illustrates the inefficiency and inadequacy of the insurance penalty provisions in our laws. Penalty provisions should be clear, certain, and fair allowing the parties to determine the applicable penalty, if any, without the necessity of endless litigation and interpretation by the courts.
Posted on 9/26/23 at 4:11 pm to Kreg Jennings
Most people don’t know what “tort
reform” means when they use the term.
reform” means when they use the term.
Posted on 9/26/23 at 4:25 pm to TigerAllNightLong
The biggest problem is lack of enforcement. Start booting everyone and rates will collapse.
---------------------------------------------------
Insurance premiums across all industries will never be substantially lower. The only hope is to limit the amount they are increased. Legal defense costs are dwarfed by all other insurance company expenses. Insurance companies spent 1.47 billion on advertising in 2021, which represented only 8% of their total budget.
Can somebody provide any evidence that tort reform laws have been successful in lowering insurance rates?
---------------------------------------------------
Insurance premiums across all industries will never be substantially lower. The only hope is to limit the amount they are increased. Legal defense costs are dwarfed by all other insurance company expenses. Insurance companies spent 1.47 billion on advertising in 2021, which represented only 8% of their total budget.
Can somebody provide any evidence that tort reform laws have been successful in lowering insurance rates?
Posted on 9/26/23 at 7:33 pm to nealnan8
quote:
Can somebody provide any evidence that tort reform laws have been successful in lowering insurance rates?
Calling something "tort reform" doesn't make it so.
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