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re: Tort reform bill just passed the house by a veto-proof majority, 72-28.

Posted on 5/29/20 at 3:17 pm to
Posted by Fun Bunch
New Orleans
Member since May 2008
131928 posts
Posted on 5/29/20 at 3:17 pm to
quote:

Eliminating collateral source?


Collateral source isn't that big a deal. No one really cares that much about it.

The jury threshold is an absolute killer and will have far reaching, catastrophic unintended consequences for the court system over the next decade. It is asinine.
Posted by skinny domino
sebr
Member since Feb 2007
14536 posts
Posted on 5/29/20 at 3:18 pm to
quote:

They won't.
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143791 posts
Posted on 5/29/20 at 3:19 pm to
I’m not seeing any other source saying the bill passed the house or by what margin. Anyone have a link?


Edit: LINK
This post was edited on 5/29/20 at 3:24 pm
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69255 posts
Posted on 5/29/20 at 3:20 pm to
quote:

So when do my insurance rates drop?



lulz
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/29/20 at 3:22 pm to
quote:

The jury threshold is an absolute killer and will have far reaching, catastrophic unintended consequences for the court system over the next decade. It is asinine.




And yet, every other state in the country has survived either with jury thresholds lower than $15,000, or no threshold at all.

Why exactly will this be soooooo catastrophic?
Posted by Oilfieldbiology
Member since Nov 2016
42795 posts
Posted on 5/29/20 at 3:23 pm to
Because the attorneys are going to lose the money that comes from judges siding favorably with them.
Posted by ultratiger89
Houston, Tx
Member since Aug 2007
4122 posts
Posted on 5/29/20 at 3:23 pm to
quote:

Please, please tell me you're joking! We're talking about the Louisiana house.


quote:

Tort reform bill just passed the house by a veto-proof majority,


I didn't see Louisiana in the subject line.......so......how was I supposed to know I don't live in Louisiana nor to I follow their politics?
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33408 posts
Posted on 5/29/20 at 3:25 pm to
quote:

I didn't see Louisiana in the subject line.......so......how was I supposed to know I don't live in Louisiana nor to I follow their politics?


Because tort law is typically a matter of state law rather than federal law.
Posted by oreeg
Baton Rouge
Member since Mar 2006
5438 posts
Posted on 5/29/20 at 3:25 pm to
quote:

will have far reaching, catastrophic unintended consequences for the court system over the next decade. It is asinine.


Hey look. I found a slimy lawyer on TD
Posted by go ta hell ole miss
Member since Jan 2007
14798 posts
Posted on 5/29/20 at 3:26 pm to
quote:

Collateral source isn't that big a deal. No one really cares that much about it.


Nobody cares about collateral source? Seriously? So when a plaintiff has 300k in medical charged and 80% of that is written off by the hospital you don’t think that matters to plaintiff lawyers and damage calculations now? That’s a huge part of damage calculations, especially to uninsured plaintiffs. They could ask the medical providers to hold off on write downs, but medical providers may in turn demand money from the settlement as a quid pro quo. Either way, it’s a big deal.
This post was edited on 5/29/20 at 3:46 pm
Posted by dgnx6
Member since Feb 2006
91750 posts
Posted on 5/29/20 at 3:26 pm to
I tired telling her this had nothing to do with her being a woman. But that she was a liberal lawyer against tort reform that actively encourages women to murder their children. Thats why people dont like her.
Posted by Scruffy
Kansas City
Member since Jul 2011
78056 posts
Posted on 5/29/20 at 3:28 pm to
(no message)
This post was edited on 6/9/20 at 12:59 pm
Posted by ultratiger89
Houston, Tx
Member since Aug 2007
4122 posts
Posted on 5/29/20 at 3:30 pm to
quote:

Because tort law is typically a matter of state law rather than federal law


you're right, I had heard talk of federal tort reform for businesses opening back up to prevent lawsuits in case people got COVID.....but again I don't follow all the bills and shite going through even the federal legislature and I'm not a lawyer.
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/29/20 at 3:31 pm to
quote:

Nobody cares about collateral source? Seriously? So when a plaintiff has 300k in medical charged and 80% of that is written off by the hospital you don’t think that matters to plaintiff lawyers and damage calculations now? That’s a huge part of damage calculations, especially to uninsured plaintiffs. They could ask the medical providers to hold off on write downs, but medical providers may in turn demand money from the settlement as a quid pro quo. Either way, it’s a big deal.




This

I'm guessing that guy is pissed that he can no longer have his Dr. buddies ramp up artificially high medical bills for his clients' damages claims.
Posted by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/29/20 at 3:32 pm to
MS has a jury trial threshold of $200. Courthouses aren’t packed.

I’ve said it time and time again, lawyers on both sides will have to get serious about their cases. No more taking expected damages awards for granted, to an extent. Juries will pop you when you don’t expect it and, at least in MS, sometimes award zero for extremely minor accidents.

I still have no idea how the elimination of collateral source will work. Will someone from a health insurance company have to be called to testify about what was actually paid?

I’m completely neutral and not hypocritical at all. This may take cases from me and I realize that. I just STRONGLY support the Seventh Amendment.
This post was edited on 5/29/20 at 3:36 pm
Posted by FearTheFish
Member since Dec 2007
4564 posts
Posted on 5/29/20 at 3:33 pm to
quote:

lawyers on both sides will have to get serious about their cases

Queue "I value the case at eleventy billion dollars"
Posted by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/29/20 at 3:33 pm to
A certain hospital in Mississippi bills $11,000 for a lumbar MRI but has an agreement with BCBS to only pay about $4,000. Plaintiff gets to show the jury the $11,000 bill though
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46437 posts
Posted on 5/29/20 at 3:35 pm to
quote:

I tired telling her this had nothing to do with her being a woman. But that she was a liberal lawyer against tort reform that actively encourages women to murder their children. Thats why people dont like her.


I read this in a drunken slur.
Posted by Fun Bunch
New Orleans
Member since May 2008
131928 posts
Posted on 5/29/20 at 3:36 pm to
quote:

Nobody cares about collateral source? Seriously? So when a plaintiff has 300k in medical charged and 80% of that is written off by the hospital you don’t think that matters to plaintiff lawyers and damage calculations now?


No, most don't care.

The jury threshold destroys city courts that make up a large bulk of dockets and disposes of all of the small time claims.

Those are now gone. Cases worth 10,000.00 will take 7 years to get to trial.
Posted by Scruffy
Kansas City
Member since Jul 2011
78056 posts
Posted on 5/29/20 at 3:37 pm to
(no message)
This post was edited on 6/9/20 at 12:58 pm
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