re: Gordon McKernan Advertising

Dude, we've had tort deform for decades. Medical malpractice caps. Abolition of strict liability, abolition of punitive damages for reckless toxic polluters. Immunity for owners of recreational facilities. Despite a lot of empty promises, none of the tort deform has done a thing to lower insurances rates. Ask your wife's OB/GYN about that.

The president of the Oil & Gas association was recently deposed. He was challenged to name a single oil company that declined to come here because of the alleged toxic legal climate here. He couldn't. He was asked if he had any evidence that the so-called toxic legal climate here
caused any oil and gas business to shy away from doing business here. He said he had none.

Stop buying into propaganda, dude. The oil and gas companies came here and made billions of dollars, dug canals that have caused a great deal of our coastal erosion, left toxic cesspools and dumps all over the place, and fight with their own well-paid lawyers to avoid paying paying for the damage they have done to this state. Still they dig and drill and profit.

We have sanctions in our law for frivolous lawsuits. 99% of the legal profession would not file a suit they knew was frivolous. The one percent are bad, true. But name one profession that has no bad practitioners.

The average tort case does not take $20K to defend. A lot of insurance companies will go to the mat for far less. That's their decision, as is settling. They will do what they think is in their best interest to make money. They make billions in Louisiana. Tort deform just means more money for big business, big industry, big pharma, and insurance companies. Tort deform will not cause rates to go down. It never has despite promises over and over again.

Everyone calls out for personal responsibility. The law says you break it, you pay for it. An allegedly injured plaintiff has the burden of proof. Prove it's the other fellow's fault, prove you were injured, prove what your damages are. It requires expert medical testimony. If the biomechanical engineer says this relatively small impact was capable of causing injury, and the treating doctor says it did cause injury, then plaintiff has met his burden of proof, and deserves to recover. The person that caused the accident/injury/damages must take responsibility. That is the law. Deal with it.

The vast majority of lawsuits filed in America are businesses suing others businesses. Injury suits are a small percentage of civil filings. The "lawsuit crisis" is a myth perpetuated by big money interests to increase their profits by avoiding personal responsibility for wrongdoing. Unfortunately, due to their own insidious ad campaigns, the big money in America has brainwashed syncophants like you. They are laughing at you all the way to the bank.

Wake up.