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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 5:34 pm to
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53839 posts
Posted on 5/29/20 at 5:34 pm to
quote:

Why are the other 49 states’ court systems dealing with far reaching, catastrophic unintended consequences?

Exactly. When Louisiana is the outlier, it's probably not a positive thing.
Posted by notiger1997
Metairie
Member since May 2009
61817 posts
Posted on 5/29/20 at 5:35 pm to
quote:


Do you injury lawyer bootlickers think it's actually okay that we have more personal injury lawsuits filed per capita (by far) than any other state in the country? Do you think it's okay that businesses refuse to locate here because of our legal climate? It's a fricking fact.

This just ain't about insurance premiums. It's about economic vitality. In the end it's about competition among insurance companies, fair rates, and JOBS. Yes, jobs. If businesses think they won't get fricked by the legal system, they are more likely to locate here.





This may be the best thing you have ever posted here. Being that I know you a little in real life I respect your opinion.

Posted by OvertheDwayneBowe
Member since Sep 2016
3531 posts
Posted on 5/29/20 at 5:35 pm to
quote:

Why are the other 49 states’ court systems dealing with far reaching, catastrophic unintended consequences?


This has been asked about 8 times in this thread with zero answers. It's shocking, really.
Posted by iron banks
Destrehan
Member since Jul 2014
4284 posts
Posted on 5/29/20 at 5:37 pm to
While I don't feel like giving insurance companies favorable treatment helps the average citizen if it knocks down some of the incessant lawyer advertising it will have accomplished something.
Posted by Armymann50
Playing with my
Member since Sep 2011
22467 posts
Posted on 5/29/20 at 5:40 pm to
polly board
Posted by el Gaucho
He/They
Member since Dec 2010
60234 posts
Posted on 5/29/20 at 5:44 pm to
quote:

It won’t cut into my action. I’m fine taking cases to trial. It will cut into the Morris and Gordon’s of the world which is fine by me.

You sound jealous. I bet you got fired by a prestigious law firm like Morris or Gordon and now you gotta defend criminals in the public defenders office for minimum wage
Posted by Alt26
Member since Mar 2010
36224 posts
Posted on 5/29/20 at 5:44 pm to
quote:

It won’t cut into my action. I’m fine taking cases to trial. It will cut into the Morris and Gordon’s of the world which is fine by me.


Correct me if I'm wrong, but it doesn't appear the collateral source changes encompass the scenario of when the plaintiff's attorney pays the medical expenses, right? I'm sure you know as well as anyone that their are many instances where the plaintiff's attorney, as payor, pays a discounted rate to the doctor relative to what is billed.

With the new rule being that the plaintiff can't get the windfall of the difference between what health insurance, Medicaid, Medicare paid and what is billed, are the small firms/solo practitioners going to struggle taking on big cases (with big medicals) seeing as how there is more incentive now for the attorney to front the medicals? The mills have the resources to do that. But is the local guy going be able to, on several cases, front $100k, $200k, etc in medicals? Or is he going to now (more than before) get a line of credit to do so? Perhaps I'm wrong, but it seems like this change could hurt the smaller guys, right?
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/29/20 at 5:44 pm to
It will be very interesting to see what JBE does here.

He’s very loyal to the ambulance chasers of Louisiana but he has a very real prospect of his veto being overridden and that would be embarrassing as shite and be a big hit to his political stature and possibly make him a lame duck.

If JBE wants to run for Senate in 2022 against Kennedy, he will need money and his decision here will impact that.
Posted by doubleb
Baton Rouge
Member since Aug 2006
43088 posts
Posted on 5/29/20 at 5:48 pm to
quote:


It won’t cut into my action. I’m fine taking cases to trial. It will cut into the Morris and Gordon’s of the world which is fine by me.


So you are on the up and up and it’s just all the others ginning up business and taking advantage of the system? That’s great, then you’ll be fine and all the ambulance chasers will be hurt.

What’s wrong with that?
This post was edited on 5/29/20 at 5:49 pm
Posted by doubleb
Baton Rouge
Member since Aug 2006
43088 posts
Posted on 5/29/20 at 5:49 pm to
quote:

It will be very interesting to see what JBE does here.

He’s very loyal to the ambulance chasers of Louisiana but he has a very real prospect of his veto being overridden and that would be embarrassing as shite and be a big hit to his political stature and possibly make him a lame duck.

If JBE wants to run for Senate in 2022 against Kennedy, he will need money and his decision here will impact that.


JBE will veto. He has no decision,
Posted by notiger1997
Metairie
Member since May 2009
61817 posts
Posted on 5/29/20 at 5:49 pm to
It’s just a baby step in the right direction. Hell even if it just keeps us from having any increases in premiums for the next three years that’s huge.

Just like the university system reforms we need, some are against it if we can’t go in with a huge stance. Just start small and get one small worthless college closed and that is better than nothing
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 5/29/20 at 5:52 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.


Louisiana’s current threshold if I remember correctly is 50,000.

The next closest state is 15,000 while the others average between 0 to 8,000.

When Louisiana is the outlier here, compared to the other 49, we’re doing something really wrong here.

quote:

Fun Bunch


It sickens me how you can call yourself a conservative and/or a republican but still support the leeching ambulance chasers like you thrive on and give zero shits about how it harms the poor and middle class, creates one of the worst legal climates in the country and is harmful to economic growth.

You are Louisiana last in this regard.
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/29/20 at 5:57 pm to
Yes. I don’t work at a mill. Last year a jury in my very conservative hometown parish awarded my client ten times what the defendant offered two days before trial. Take meritorious cases and you don’t have to worry about it.

Like I said, there will be an influx of jury trials early on while we find equilibrium, but I’ll be fine in the long term.

What they don’t tell you is that the business lobby was the one who actually pushed for raising the threshold back in the day because “juries were out of control”. We had major tort reform in the mid-90’s and yet here we are again 25 years later doing it again.

I am curious to see the influx of high-skilled, high-paying jobs that will flood the state now that your GEICO Bill is cut 15% (maybe- no promises).
Posted by Alt26
Member since Mar 2010
36224 posts
Posted on 5/29/20 at 5:59 pm to
quote:

JBE will veto. He has no decision,


He's definitely in a tight spot as far as future political aspirations go. If he doesn't veto, then the trial lawyers will abandon him. If he does (and it sticks) then he's going to be running against that on any future statewide elections (Congress).

Veto overrides are RARE. We haven't had one here since the early 90's. My gut tells me (1) this either a watered down version which Edwards has already agreed to sign, OR (2) he's going to veto and force the Democrats and Republican trial lawyers who "crossed over" to stand behind their vote.

Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
46731 posts
Posted on 5/29/20 at 6:00 pm to
Phew. I was worried about boosie and the other ambulance chasers on here. Glad to see they're still posting
This post was edited on 5/29/20 at 6:00 pm
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
20260 posts
Posted on 5/29/20 at 6:17 pm to
Not gonna lie, I’m not sure what tort reform is
Posted by lionward2014
New Orleans
Member since Jul 2015
14579 posts
Posted on 5/29/20 at 6:18 pm to
quote:

I am a defense lawyer. I am also 54 and my horizon for retirement is 10-11 years max. I know the litigation game in this state inside and out. And it is a putrid cesspool. Plaintiff attorneys have made BILLIONS off this corrupt system. Yes, it has put food on my table. But I bill by the hour and draw a salary that pales in comparison to some of these motherfrickers.

Do you injury lawyer bootlickers think it's actually okay that we have more personal injury lawsuits filed per capita (by far) than any other state in the country? Do you think it's okay that businesses refuse to locate here because of our legal climate? It's a fricking fact.

This just ain't about insurance premiums. It's about economic vitality. In the end it's about competition among insurance companies, fair rates, and JOBS. Yes, jobs. If businesses think they won't get fricked by the legal system, they are more likely to locate here.

Cry in your beer, lawyers.


SAY IT AGAIN FOR THE PEOPLE IN THE BACK
Posted by Boogalie
Mandeville, LA
Member since Oct 2016
257 posts
Posted on 5/29/20 at 8:40 pm to
What's the HB#
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79892 posts
Posted on 5/29/20 at 8:44 pm to
Is this really going to lower the number of lawsuits or just lower the value they bring in resulting in more lawsuits to keep their income up?
This post was edited on 5/29/20 at 8:45 pm
Posted by Slippy
Across the rivah
Member since Aug 2005
7856 posts
Posted on 5/29/20 at 8:50 pm to
It was SB4 I believe. This thing is ready for the governor’s desk.
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