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Started By
Message
Does anyone hope that the La. legislature will pass a "loser pays" law?
Posted on 2/14/17 at 3:04 pm
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.
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 on 2/14/17 at 3:06 pm to LSURussian
No. leave the cost of a case up to an uneducated jury? Never.
Posted on 2/14/17 at 3:06 pm to Fun Bunch
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 on 2/14/17 at 3:07 pm to LSURussian
It's something that makes sense for Doctors, for suits against Big Companies it'd be dangerous.
Posted on 2/14/17 at 3:07 pm to LSURussian
No way in hell.
Too many lawyers in elected positions and too much money to be pushed around by lawyers not in government positions.
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 on 2/14/17 at 3:08 pm to LSURussian
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 on 2/14/17 at 3:09 pm to LSURussian
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 on 2/14/17 at 3:10 pm to Mudge87
quote:I tend to agree. That's why I worded the title, "does anyone hope" it gets passed.
There's literally no way this gets passed.
Posted on 2/14/17 at 3:11 pm to Mudge87
Every suit is frivolous except the one you file.
Posted on 2/14/17 at 3:12 pm to FalseProphet
quote:Who is the cost of the case left up to now? The judge?
No. leave the cost of a case up to an uneducated jury? Never.
Aren't all judges lawyers?
Don't most of their campaign contributions come from lawyers?
Posted on 2/14/17 at 3:14 pm to zeebo
quote:Nah, many lawsuits are needed to compensate someone for someone's negligence.
Every suit is frivolous except the one you file.
Posted on 2/14/17 at 3:24 pm to LSURussian
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 on 2/14/17 at 3:26 pm to LSURussian
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.
Second, there are already multiple ways to do this, such as Offers of Judgement.
Posted on 2/14/17 at 3:26 pm to LSURussian
England has it and Texas has a limited version of it.
Posted on 2/14/17 at 3:30 pm to Fun Bunch
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 on 2/14/17 at 3:33 pm to FalseProphet
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 on 2/14/17 at 3:43 pm to LSURussian
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 on 2/14/17 at 3:47 pm to LSURussian
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.
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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