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Louisiana may now rest easy- the torts have been reformed

Posted on 6/30/20 at 7:12 pm
Posted by boosiebadazz
Member since Feb 2008
80399 posts
Posted on 6/30/20 at 7:12 pm
LINK

LINK

LINK

Strange bill all around, $10,000 jury threshold but no 2 year prescription. Collateral source limited, but presumption Plaintiff gets 40% of difference as cost of procuring health insurance.

I think LABI got their big items, and I rather the Governor to have signed the other bill Talbot fricked up on. Alas, we now have tort reform. Let the rate decreases flow and get ready for Amazon HQ3. We are now the Mecca of business and industry.

I’m tired from a long day of bankrupting mom and pops and I’m gonna hang with my daughter, but discuss amongst yourselves.
This post was edited on 6/30/20 at 7:16 pm
Posted by goofball
Member since Mar 2015
16898 posts
Posted on 6/30/20 at 7:14 pm to
I like Apple Torts the best.
Posted by tigerbutt
Deep South
Member since Jun 2006
24608 posts
Posted on 6/30/20 at 7:15 pm to
I like pop torts....strawberry of course.
Posted by spslayto
Member since Feb 2004
19734 posts
Posted on 6/30/20 at 7:21 pm to
Why no 2 year prescription? That seems like a no brainer. Many suits would not have to be filed
Posted by nugget
Mostly Peaceful Poster
Member since Dec 2009
13821 posts
Posted on 6/30/20 at 7:27 pm to
Does this mean y’all are going to have to practice real law now?
Posted by Twenty 49
Shreveport
Member since Jun 2014
18823 posts
Posted on 6/30/20 at 7:27 pm to
So my State Farm bill will go down by what %?
Posted by brewhan davey
Audubon Place
Member since Sep 2010
32805 posts
Posted on 6/30/20 at 7:46 pm to
Looks like they aren’t repealing the direct action statute anymore either.
Posted by BayouBandit24
Member since Aug 2010
16592 posts
Posted on 6/30/20 at 7:55 pm to
quote:

2 year prescription


I don’t understand how people could be against this. It would instantly reduce litigation while also not diminishing anyone’s rights.
Posted by DirtyMikeandtheBoys
Member since May 2011
19429 posts
Posted on 6/30/20 at 7:56 pm to
Why do you pricks always insist on speaking legalise on the board as if we’re all losers that had to go to law school because we couldn’t get undergrad degrees that got us jobs right after fmgraduation.
Posted by theronswanson
House built with my hands
Member since Feb 2012
2976 posts
Posted on 6/30/20 at 7:56 pm to
Let’s have a reminder to revisit this thread in a year and see how this pans out. I doubt that the average Louisiana driver will see any noticeable difference in their premiums.

Congratulations Louisianans. Giving up rights so multi billion dollar companies can make more profits.
This post was edited on 6/30/20 at 9:14 pm
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 6/30/20 at 8:16 pm to
quote:

Collateral source limited, but presumption Plaintiff gets 40% of difference as cost of procuring health insurance.


Explain
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
38416 posts
Posted on 6/30/20 at 8:18 pm to
I wonder how this affect commercial auto. I doubt any, as the lawyers still need those big limits to profit off of. Jon Bel wouldn’t dare limit the earning power of the attorneys.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
6622 posts
Posted on 6/30/20 at 8:19 pm to
I like tortles!
Posted by LuckySo-n-So
Member since Jul 2005
22097 posts
Posted on 6/30/20 at 8:26 pm to
quote:

Let the rate decreases flow


Yeah, I'm not holding my hand over my butt waiting for that to happen...
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84893 posts
Posted on 6/30/20 at 8:41 pm to
The 2 year prescriptive period is the thing that made the most sense of all the proposals
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34518 posts
Posted on 6/30/20 at 8:47 pm to
(no message)
This post was edited on 6/30/20 at 8:48 pm
Posted by TheFranchise
The Stick
Member since Feb 2005
6209 posts
Posted on 6/30/20 at 8:58 pm to
quote:

Let the rate decreases flow


This won’t affect rates in any meaningful way
Posted by beachdude
FL
Member since Nov 2008
5663 posts
Posted on 6/30/20 at 9:10 pm to
The lowering of the amount in controversy to $10,000 to obtain a jury trial is the most important aspect in all of this. Louisiana is and has been the outlier in this regard in civil litigation for 100 years. Go look at the other states‘ jury thresholds.
Posted by SlidellCajun
Slidell la
Member since May 2019
10506 posts
Posted on 7/1/20 at 7:14 am to
Most of us don’t know the terminology.

Prescriptive period = statute of limitations Or period to which we have to file a lawsuit. for arguments sake, Currently, Louisiana gives you one year to file a tort lawsuit from date of accident . Now it will go to 2 years. Tort means a wrongful act by someone else to cause you harm.


Posted by geauxskeet
Member since Oct 2009
529 posts
Posted on 7/1/20 at 8:01 am to
It's tort light, the bill Edward's vetoed was better, until he had his cronies submit a flawed last second amendment- so he could veto. Wasnt Talbot that screwed it up, it was done by our illustrious governors lawyer/legislative buddies. This bill was compromise with as much as he would sign - prescriptive period, Edwards specifically said he would veto.
I'll take it, we are on base with a single and can hopefully strengthen in the future. This wont lower rates today, but it already has attention of some insurance companies who are now considering moving back into the LA market.

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