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Message

re: Excessive litigation costs the Louisiana economy $5.17B per year

Posted on 1/8/24 at 3:21 pm to
Posted by Scruffy
Kansas City
Member since Jul 2011
72193 posts
Posted on 1/8/24 at 3:21 pm to
quote:

It’s broken in other states?
Absolutely.

You think LA is the only one with these issues?

LA is just far and away one of the worst.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:22 pm to
quote:

You lawyers have screwed it up beyond fixing.

How, exactly?

Are we just going to speak in abstracts and histrionics?

The same issues you're complaining about have existed as long as we've had civil codes (At least about 2500 years. The LA Civil Code is a vestige of the Roman empire, via Justinian code, which is about 1500 years old). English common law is less old but still over 1k years old, and, again, has had debates on these same issues (the common law is built around these debates so it's not shocking).

I'm not even really defending the system as much as trying to have people identify the specific issues. We can't even have a discussion without this. You'll get ignorant responses like "loser pays" from people who clearly don't understand the conversation they've just joined.
Posted by ProbyOne
Louisiana
Member since Dec 2004
1915 posts
Posted on 1/8/24 at 3:22 pm to
2022 LA GDP was 281.4 billion for perspective
Posted by Scruffy
Kansas City
Member since Jul 2011
72193 posts
Posted on 1/8/24 at 3:24 pm to
quote:

What does this mean? Give Sharon Weston Broome tupes and podunk local Boss Hoggs control over local law suits?
All it really means is it cannot be fixed.

This isn’t going anywhere nor is it going to improve.
This post was edited on 1/8/24 at 3:25 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:25 pm to
quote:

It’s broken in other states?

If you look at the report cited in OP, the "Judicial Hell Holes" appear in states across the country with very different demos/politics.

GA, PA, IL, CA, NY, SC, MI, LA, MO

You've got traditional South (GA/SC), French South (LA), Midwest (PA, IL, MI, MO), and the West (CA). Florida was on the list until they did more "reform" and I imagine once that reform doesn't do much, they'll return to the list (which is funny because results can't be in, so these lists aren't compiled with real data, apparently).
Posted by VernonPLSUfan
Leesville, La.
Member since Sep 2007
15895 posts
Posted on 1/8/24 at 3:29 pm to
This is why our governor's are lawyers.
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
5445 posts
Posted on 1/8/24 at 3:30 pm to
quote:

Found the plaintiff POS. Surprise, insurance companies don’t want to be in Louisiana because they’re tired of getting the shite sued out of them by the billboard clowns. Until that’s reigned in, nothing changes.

Are you aware that the new governer (supposed to be the anti "slime ball billboard lawyer" JBE) turned his back on the largest insurance fraud scheme in the state's history, while he was the attorney general, after receiving a $5,000.00 campaign donation?
Posted by Scruffy
Kansas City
Member since Jul 2011
72193 posts
Posted on 1/8/24 at 3:31 pm to
quote:

I'm not even really defending the system as much as trying to have people identify the specific issues. We can't even have a discussion without this. You'll get ignorant responses like "loser pays" from people who clearly don't understand the conversation they've just joined.
Scruffy isn’t a lawyer, but he considers the issue to be somewhat on par with the current issues with medical costs.

Bear with me on this analogy.

A decent factor, IMO, with medical costs is the relative over reliance on the use of insurance to pay for EVERYTHING rather than paying out of pocket. This results is over inflated charges to account for the “percentages” that insurance companies will pay, so that hospitals can squeeze out as much as they can.

The use of insurance has become essentially ingrained the social system to where there is no medical spending without it, even for small things like prescriptions.

As simple as the may sound, you want these costs to go down? Convince people to stop litigating for everything.

Litigation and lawsuits are so insanely common nowadays. It’s ingrained into every aspect of our society.

Can you come up with an idea on how to convince people to stop filing so many lawsuits?

Litigation is as much an American cultural norm as apple pie and obesity.

ETA: There is a thread on the first page with someone asking if he needs an ambulance chaser because an urgent care wouldn’t see him.
This post was edited on 1/8/24 at 3:35 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:32 pm to
quote:

turned his back on the largest insurance fraud scheme in the state's history

Which one?

The Nola staging accidents thing or the MMA stuff? Is there a 3rd?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:35 pm to
quote:

Litigation and lawsuits are so insanely common nowadays. It’s ingrained into every aspect of our society.

Can you come up with an idea on how to convince people to stop filing so many lawsuits?

No. Again, this isn't a new issue. Julius Caesar invaded fricking Rome to avoid lawsuits (and the Roman version of "lawfare").
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
5445 posts
Posted on 1/8/24 at 3:35 pm to
quote:

The Nola staging accidents thing or the MMA stuff? Is there a 3rd?

MMA, which I would imagine was far bigger than the Motta scam.

I had 10-15 cases against MMA. Verbally settled about 8 of them on a Friday, then the attorney working the case resigned on Saturday

Was a nightmare.

ETA - my comment about the fraud is more about the fact that people keep spewing "JBE bad, Landry good" when it comes to tort claims in LA. I do not like JBE, but Landry could have made a huge statement by pushing the MMA stuff.

I know people who worked there. The feds will likely get them, but the state (more specifically Landry) could have done something there. Not sure if they had the means the prosecute them, but they could have gotten the ball rolling. Outside of Judge Cain in the Western District and Judge North in the Eastern District, it was largely ignored. There were civil penalties, but no criminal charges have been brought or even discussed to my knowledge.
This post was edited on 1/8/24 at 3:40 pm
Posted by Scruffy
Kansas City
Member since Jul 2011
72193 posts
Posted on 1/8/24 at 3:38 pm to
quote:

No. Again, this isn't a new issue. Julius Caesar invaded fricking Rome to avoid lawsuits (and the Roman version of "lawfare").
So, there is no fixing it.

It will never go away unless the entire concept of litigation is done away with.

Scruffy likes the sound of that.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36443 posts
Posted on 1/8/24 at 3:39 pm to
quote:

MMA, which I would imagine was far bigger than the Motta scam. I had 10-15 cases against MMA. Verbally settled about 8 of them on a Friday, then the attorney working the case resigned on Saturday Was a nightmare.


Every day I wake up hoping / expecting to see an indictment here.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:39 pm to
Oh I know. Judge Cain did our local CLE for the 3rd year in a row and I meant to tell him it was like a 3-act play on MMA. In 2020, it was "well we just had some firm out of houston file 1700 lawsuits in a day" and in 2021 it was a summary of all the testimony they had given to him and other district courts, and this year it was about how they're having to unwind all of that.

I have no doubt there will be criminal stuff come out about that case. I read one of the attorney's motions to be re-admitted to the Western District and it was pretty crazy. I mean, even the first named partner ceased his relationship and left millions of other fees on the table to get away from Mosely.

I hate on Landry but I don't think he turned his back on that stuff. That case is just going to take some time to investigate (and the feds may be involved, usurping some jurisdiction from the LA AG)
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
38416 posts
Posted on 1/8/24 at 3:42 pm to
quote:

GA, PA, IL, CA, NY, SC, MI, LA, MO


Those all have one major thing in common, but let's pretend it's not the fault of the Plaintiffs Attorneys.
Posted by PP7 for heisman
New Orleans
Member since Feb 2011
5445 posts
Posted on 1/8/24 at 3:43 pm to
quote:

I hate on Landry but I don't think he turned his back on that stuff. That case is just going to take some time to investigate (and the feds may be involved, usurping some jurisdiction from the LA AG)
It's possible, but stuff like this is what turns me off about Landry as it relates to the MMA stuff.
quote:

BATON ROUGE, La. — On April 5, state insurance investigators turned over their file on the largest fraud case they’d ever handled to Attorney General Jeff Landry’s office for possible criminal prosecution.

That same day, records show a leading suspect in that case, Houston attorney Zach Moseley, gave Landry’s campaign for governor the maximum donation allowed by law.

Now, five months later and less than a month before the election, Landry’s campaign has repeatedly declined to comment on whether it would return Moseley’s $5,000 contribution, sidestepping claims of cronyism leveled in TV ads, news stories and televised debates.

In a debate Friday in Lafayette, State Treasurer John Schroder, a fellow Republican challenging Landry for the Governor’s Mansion, accused Landry of “cronyism.”

“How do you take the money and then also turn around and possibly open an investigation against them?” Schroder said, referring to Moseley and his law firm, McClenny Moseley & Associates.

Landry responded by contending he’d received more than $12 million from 11,000 donors and “we have no way to screen who gives us a check or not.”

But the allegations against Moseley have been well-publicized for months, including a WWL-TV investigation in May showing how MMA improperly signed up thousands of Louisiana storm victims as clients, negotiated insurance settlements for many of them without their knowledge and kept them from collecting tens of millions of dollars for repairing their homes.
This post was edited on 1/8/24 at 3:44 pm
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:43 pm to
quote:

Those all have one major thing in common,

Major metro areas? I mean with SC, that's a stretch. LA too, to a large extent.

That's a cross section of blue, red, and purple, so that's not it.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423392 posts
Posted on 1/8/24 at 3:45 pm to
quote:

Landry responded by contending he’d received more than $12 million from 11,000 donors and “we have no way to screen who gives us a check or not.”


What's sad is I think Landry may actually believe that's true/possible.
Posted by lsuhunt555
Teakwood Village Breh
Member since Nov 2008
38416 posts
Posted on 1/8/24 at 3:50 pm to
The first step in fixing this, is to stop allowing people who are barred to run for public office.

ETA: Which is actually impossible, so it will never be resolved. It's broken beyond repair.
This post was edited on 1/8/24 at 3:53 pm
Posted by chalmetteowl
Chalmette
Member since Jan 2008
47818 posts
Posted on 1/8/24 at 4:00 pm to
quote:

GA, PA, IL, CA, NY


Notice something these states all have in common?
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