re: Here are the details of the lead tort reform bill for the upcoming session.

I encourage everyone with any time to kill to watch some of the house and senate committee hearings from earlier this week. One of the benefits of this debate is that average citizens are getting a peak at the seedy underbelly of the Louisiana tort system. Most didn't realize how limited their right to a civil jury was. Most didn't realize the windfall that exists when plaintiffs and their attorneys get to claim more in medical expenses than what was actually paid and this is hidden from the jury. Most had no idea you couldn't put into evidence that a plaintiff wasn't wearing a seatbelt.

Listen to parasitic scum ambulance chasers like Robbie Carter (house) and Jay Leneau (senate) squirm and angrily attack the bills proponents. Guys like that are the reason this state sucks so bad. You have business owners (some now former business owners) talking about the adverse tort conditions which are driving commerce out of the state and making it untenable to do business here. Insurance companies are refusing to underwrite here, which is severely limiting marketplace competition and driving prices up. The insurance commissioner rightly points out that the state can try to place all the rate mandates and restrictions on the insurers that it wants but at some point they will simply pack up and leave, further reducing competition and further driving up rates.

We need more insurance companies to enter the marketplace here and create more competition. This bill is a great step in that direction. The only people who are against this are 1) Democrats and 2) plaintiff attorneys (many of whom are RINOs). That should tell you all you need to know about the benefits this will have on the average tax and premium paying Louisianan.

The argument about increased court costs is bullshite. Defendants generally pay for the juries.

The argument about jury trials clogging the system is bullshite. The end result will actually be more settlements and the parties (particularly defendants) will still have to make economic decisions about incurring jury trial costs on smaller cases. What it will do is improve the quality of the cases and the legal profession on both sides.

Proponents of the bill are making economic arguments and opponents are making emotional arguments.

When you hear opponents talk about "access to justice", they never talk about defendants. They only want that "access" the be one-way.

It should also be noted that the LSBA appeared in passionate opposition via personal injury plaintiff attorney Scott Andrews. The LSBA is now simply the Louisiana Association for "Justice", except membership is compulsory, so they get to take money from every lawyer in the state in furtherance of their lobbying efforts to maintain the status quo. Hopefully the bill against compulsory LSBA membership also gets passed.



House Civil Law Committee - 5/12/20

Louisiana Senate Judiciary A 5/12/20

I think its a matter of balance. Lawsuits in of themselves are not evil and are necessary to ensure the equitable repair of damages caused to one party by another. However, in Louisiana it is truly an INDUSTRY. From the lawyers, to the enabling doctors, chiropractors, pain management, the medical funding companies, professional "experts", and of course the plaintiffs promised big payouts, it is as big a part of the fledgling Louisiana economy as whatever is left of oil and gas or tourism. That needs to change. Plaintiff lawyers advertise here as if personal injury lawsuits are stocked and inventoried on a shelf somewhere and you simply need to visit their store and pick out what you want. Not only does this damage the state as a whole, but it also further damages truly injured people who have to work much harder to prove legitimate cases because of all the bullshite perpetuated by others.

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However, in Louisiana it is truly an INDUSTRY.

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Thanks for your well thought out contributions in this thread.

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You ever run for office, I'll vote for you. You're too smart to win in this sorry arse state, but I'd vote for you.

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Believe me, I would be unelectable for MULTIPLE reasons. Too many people around here knew me growing up. The opposition research would be off the charts.