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re: 2024- LA Legislature Tort Reform Bills

Posted on 3/13/24 at 5:45 pm to
Posted by LSU28605
Baton Rouge
Member since Jan 2006
973 posts
Posted on 3/13/24 at 5:45 pm to
quote:

SB 84 – Provides for motion for judgment on offer of judgment
Proposed law provides that if the final judgment obtained by the plaintiff-offeree is at least 25% less than the amount of the offer of judgment made by the defendant-offeror or if the final judgment is in favor of the defendant, the offeree must pay the offeror's costs and attorney fees incurred after the offer was made, as fixed by the court.


This one confused me because we already have offers of judgment per La.C.C.P. 970, so I looked up SB 84. Then, I realized what this was about.

Senator Seabaw says that he wants to amend 970 "to provide for costs and attorney fees; to provide relative to parties; to provide for certain terms, conditions, and procedures; and to provide for related matters" when it really just changes the law so that only defendants (no longer "any party") can send and move to enforce offers of judgment. Well, it also allows the defendants to get attorney fees now.

Why doesn't good ole Seabaw just say that he only wants defendants to benefit from Offers of Judgments because 970 is currently too fair to both sides? Why hide the ball when the Republican Party controls both chambers of the state legislature?
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