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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
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143788 posts
Posted on 5/30/20 at 9:21 am to
quote:

Nobody seems to know whether JBE will sign or veto


What?
Posted by Oizers
Member since Nov 2009
2692 posts
Posted on 5/30/20 at 9:27 am to
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 by Carlos the Tiger
Louisiana
Member since Feb 2020
355 posts
Posted on 5/30/20 at 9:42 am to
If JBE vetoes this bill, he has no chance of beating Kennedy in 2022. Zero.
Posted by DevilDagNS
Member since Dec 2017
3024 posts
Posted on 5/30/20 at 10:18 am to
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 by John McClane
Member since Apr 2010
37183 posts
Posted on 5/30/20 at 10:40 am to
quote:

insurance companies will pay out appropriate damages and move on.


No
Posted by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/30/20 at 10:59 am to
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 by Suntiger
STG or BR or somewhere else
Member since Feb 2007
36333 posts
Posted on 5/30/20 at 11:15 am to
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).
Posted by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/30/20 at 11:17 am to
quote:

Cap damages for soft tissue injuries at $2000.


If you cap damages at $2000, why even make a claim?
Posted by boosiebadazz
Member since Feb 2008
86465 posts
Posted on 5/30/20 at 11:20 am to
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.
This post was edited on 5/30/20 at 11:22 am
Posted by LeClerc
USVI
Member since Oct 2012
2841 posts
Posted on 5/30/20 at 11:22 am to
What if Louisiana became a no fault state? Would that lower rates, stop the tv lawyers?
Posted by Philzilla2k
Member since Oct 2017
13211 posts
Posted on 5/30/20 at 11:28 am to
quote:

If JBE vetoes this bill, he has no chance of beating Kennedy in 2022. Zero.

What?
Posted by Evil Little Thing
Member since Jul 2013
11638 posts
Posted on 5/30/20 at 11:34 am to
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 by DevilDagNS
Member since Dec 2017
3024 posts
Posted on 5/30/20 at 11:38 am to
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 by LeClerc
USVI
Member since Oct 2012
2841 posts
Posted on 5/30/20 at 11:47 am to
Gotcha, was just a thought.
Posted by Suntiger
STG or BR or somewhere else
Member since Feb 2007
36333 posts
Posted on 5/30/20 at 12:01 pm to
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 by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/30/20 at 12:07 pm to
I think Florida’s offer of judgment rules have some bite. Maybe a FL attorney could provide some insight.
Posted by Tornado Alley
Member since Mar 2012
28662 posts
Posted on 5/30/20 at 12:08 pm to
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 by NIH
Member since Aug 2008
125129 posts
Posted on 5/30/20 at 12:23 pm to
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 by theronswanson
House built with my hands
Member since Feb 2012
3271 posts
Posted on 5/30/20 at 1:17 pm to
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 by FightingTigers138
In your thoughts
Member since Dec 2016
6009 posts
Posted on 5/30/20 at 1:21 pm to
quote:

Fun Bunch


You are fricking joke.
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