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Started By
Message
re: Tort reform bill just passed the house by a veto-proof majority, 72-28.
Posted on 5/30/20 at 9:21 am to Carlos the Tiger
Posted on 5/30/20 at 9:21 am to Carlos the Tiger
quote:
Nobody seems to know whether JBE will sign or veto
What?
Posted on 5/30/20 at 9:27 am to boosiebadazz
Your line of thinking is all wrong. No one believes this is going to put Louisiana on the same ground as Texas as far as business environment, but if it can remove one "con" about Louisiana it should happen.
Posted on 5/30/20 at 9:42 am to Elleshoe
If JBE vetoes this bill, he has no chance of beating Kennedy in 2022. Zero.
Posted on 5/30/20 at 10:18 am to OleWarSkuleAlum
quote:
JBE should and will veto. I’ve spoken to people close to him.
I suspect he will veto it and it should and will be the end of his political career. But he has no choice. Without the trial attorneys he is nothing but a pro-life Democrat. In other words, DOA. It’s just delaying the inevitable. Campaigns will continue to be run on this issue until a governor finally signs it.
Posted on 5/30/20 at 10:40 am to donRANDOMnumbers
quote:
insurance companies will pay out appropriate damages and move on.
No
Posted on 5/30/20 at 10:59 am to boosiebadazz
quote:
Take meritorious cases and you don’t have to worry about it.
This is the moral of the story everyone in LA needs to learn, and will learn, about an increased number of jury trials.
Do you think MS lawyers like asking juries for $200,000 when the plaintiff was rear-ended at 3 MPH? Absolutely not. More jury trials means meritorious cases will be heard and garbage, conjured up bullshite will not.
This post was edited on 5/30/20 at 11:01 am
Posted on 5/30/20 at 11:15 am to SlowFlowPro
I’m not against tort reform. But this bill is sloppy. It’s a shotgun approach when a scalpel is needed.
This will do nothing about insurance rates. How many times have we been sold this bill of goods?
If we want real reform, go after the soft tissue injury cases. Change the evidentiary standard. Certain level of expert testimony must be introduced. Cap damages for soft tissue injuries at $2000. Change the seat belt gag rule. Increase the gas tax and fix the roads. Keep judges elected but let a commission pick/narrow down to qualified candidates. Repeal sovereign immunity and institute a Louisiana Tort Claims Act (similar to the Federal or Tort Claims Act).
This will do nothing about insurance rates. How many times have we been sold this bill of goods?
If we want real reform, go after the soft tissue injury cases. Change the evidentiary standard. Certain level of expert testimony must be introduced. Cap damages for soft tissue injuries at $2000. Change the seat belt gag rule. Increase the gas tax and fix the roads. Keep judges elected but let a commission pick/narrow down to qualified candidates. Repeal sovereign immunity and institute a Louisiana Tort Claims Act (similar to the Federal or Tort Claims Act).
Posted on 5/30/20 at 11:17 am to Suntiger
quote:
Cap damages for soft tissue injuries at $2000.
If you cap damages at $2000, why even make a claim?
Posted on 5/30/20 at 11:20 am to Suntiger
If attorney’s fees were covered by the offer of judgment in article 970, it would clear things up in a hurry.
Both defense side hourly billables and Plaintiff’s side contingency fee.
There would have to be some very real and frank conversations once an offer of judgment was received. It has no real teeth right now.
Both defense side hourly billables and Plaintiff’s side contingency fee.
There would have to be some very real and frank conversations once an offer of judgment was received. It has no real teeth right now.
This post was edited on 5/30/20 at 11:22 am
Posted on 5/30/20 at 11:22 am to boosiebadazz
What if Louisiana became a no fault state? Would that lower rates, stop the tv lawyers?
Posted on 5/30/20 at 11:28 am to Carlos the Tiger
quote:
If JBE vetoes this bill, he has no chance of beating Kennedy in 2022. Zero.
What?
Posted on 5/30/20 at 11:34 am to LeClerc
quote:
What if Louisiana became a no fault state? Would that lower rates, stop the tv lawyers?
Michigan & Florida are no fault states. They’re 1st & 3rd for highest rates, with Louisiana #2.
Posted on 5/30/20 at 11:38 am to boosiebadazz
quote:
If attorney’s fees were covered by the offer of judgment in article 970, it would clear things up in a hurry.
Both defense side hourly billables and Plaintiff’s side contingency fee.
There would have to be some very real and frank conversations once an offer of judgment was received. It has no real teeth right now.
I agree with this. Right now an OOJ really only benefits the defense and only on costs if it is even applicable in the end, which it rarely is. It has no benefit for plaintiffs at all as presently written since plaintiffs get costs anyway.
Posted on 5/30/20 at 11:47 am to Evil Little Thing
Gotcha, was just a thought. 
Posted on 5/30/20 at 12:01 pm to boosiebadazz
quote:
If you cap damages at $2000, why even make a claim?
Hence less minor fender bender claims resulting from a tapped bumper.
quote:
If attorney’s fees were covered by the offer of judgment in article 970, it would clear things up in a hurry.
Not against it. They should also look at a way to get judges to grant more summary judgements.
Posted on 5/30/20 at 12:07 pm to boosiebadazz
I think Florida’s offer of judgment rules have some bite. Maybe a FL attorney could provide some insight.
Posted on 5/30/20 at 12:08 pm to Suntiger
quote:
They should also look at a way to get judges to grant more summary judgements.
I disagree with that. Take it to the jury. Summary judgment shouldn’t be granted oh so freely.
Posted on 5/30/20 at 12:23 pm to Suntiger
quote:
More summary judgements
You either want to increase access to jury trials (LABI’s pitch) or you don’t really (probably the truth)
This post was edited on 5/30/20 at 12:24 pm
Posted on 5/30/20 at 1:17 pm to DevilDagNS
quote:
I'll call it a success even with a 1% reduction in premiums along with all the other collateral benefits such as expansion of the state economy, new businesses locating here due to a more favorable litigation climate, lower cost of goods and services, increase in the quality of our tax base, and last but not least, the sky screaming of ambulance chasers. This whole gotcha bullshite about the demand for a crystal ball guarantee in rate reduction is obnoxious.
And when those businesses do not relocate to Louisiana because the labor pool is generally in poor health, uneducated, and the infrastructure is crumbling, who will be your boogeyman then?
Posted on 5/30/20 at 1:21 pm to Fun Bunch
quote:
Fun Bunch
You are fricking joke.
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