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re: Trial Lawyer Corruption in Louisiana

Posted on 9/3/19 at 1:56 pm to
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 9/3/19 at 1:56 pm to
you think defense attorneys are ready to try more cases?
Posted by majoredinwhitehorse
lower alabama
Member since Nov 2016
816 posts
Posted on 9/3/19 at 1:59 pm to
Among the highest car insurance rates in the country
Posted by OweO
Plaquemine, La
Member since Sep 2009
122109 posts
Posted on 9/3/19 at 2:01 pm to
quote:

How does what they do affect us?


You seriously don't know this?

When lawyers sue insurance companies, how do you think insurance companies compensate for money? Everyone who has auto insurance pays for it.
Posted by HuskyPanda
Philly
Member since Feb 2018
2410 posts
Posted on 9/3/19 at 2:06 pm to
quote:

You seriously don't know this?


Well I knew the cost gets passed on to us, but I wanted to know other ways it affects us apart from that.
Posted by hottub
Member since Dec 2012
3654 posts
Posted on 9/3/19 at 2:08 pm to
quote:

Louisiana has some of the highest limits in the country and it isn't a coincidence we have trial lawyers in elected positions.


For auto, I believe LA has some of the lowest limits.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476408 posts
Posted on 9/3/19 at 2:09 pm to
quote:

Haha, like they are set up for all those $5,000 jury trials.

a. that's super low
b. they still have city court
c. you over-estimate their claim average
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70432 posts
Posted on 9/3/19 at 2:34 pm to
Ask around to your attorney friends. They’ll tell you. Democrats are nearly always plaintiff friendly. Republicans are more likely to be defendant friendly, but no where near always. Ask around your local trial attorneys and they’ll tell you which camp a given judge tends to reside in.

If they use the word “equity” in campaign literature, they’re almost certainly plaintiff friendly.
This post was edited on 9/3/19 at 2:49 pm
Posted by go ta hell ole miss
Member since Jan 2007
14663 posts
Posted on 9/3/19 at 2:42 pm to
quote:

You're part of the problem.


Anyone that seeks to avoid jury duty is the problem. I suspect that’s about 98% of the OT.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87381 posts
Posted on 9/3/19 at 2:52 pm to
quote:

b. they still have city court
Think about this though. The legislation would have destroyed the city court system. They would only have that option if they admitted damages under $5K.

quote:

you over-estimate their claim average
Dunno
Posted by Elleshoe
Wade’s World
Member since Jun 2004
143780 posts
Posted on 9/3/19 at 2:53 pm to
I found the ignorant person
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87381 posts
Posted on 9/3/19 at 2:53 pm to
quote:

Ask around to your attorney friends. They’ll tell you. Democrats are nearly always plaintiff friendly. Republicans are more likely to be defendant friendly, but no where near always. Ask around your local trial attorneys and they’ll tell you which camp a given judge tends to reside in.
I asked because I am a lawyer. Never heard of actual contributions by an insurer, not have I heard of a defendant friendly State judge.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476408 posts
Posted on 9/3/19 at 2:56 pm to
quote:

The legislation would have destroyed the city court system. They would only have that option if they admitted damages under $5K.

no the city courts have their own jurisdictions, some up to $50k, so if the suits were filed there, they'd be within the city court's jurisdiction. the $5k would only apply to district courts (because that's the only avenue for jury trials)
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59193 posts
Posted on 9/3/19 at 2:58 pm to
quote:

You're part of the problem.


Irony.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87381 posts
Posted on 9/3/19 at 2:59 pm to
quote:

I found the ignorant person


Where?
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87381 posts
Posted on 9/3/19 at 3:01 pm to
quote:

no the city courts have their own jurisdictions, some up to $50k, so if the suits were filed there, they'd be within the city court's jurisdiction. the $5k would only apply to district courts (because that's the only avenue for jury trials)
No, for a couple of reasons. One, the two in Rapides are $50K only because the statute ties it to jury threshold. So, as soon as jury threshold is lowered, so is the city court jurisdiction.

Two, if a defendant is otherwise entitled to a jury, and wants one, the case can be removed to district court.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476408 posts
Posted on 9/3/19 at 3:07 pm to
quote:

One, the two in Rapides are $50K only because the statute ties it to jury threshold. So, as soon as jury threshold is lowered, so is the city court jurisdiction.

well they'd have to get legislation to change that. i think most are simply tied to a specific amount and not the jury thresshold

quote:

if a defendant is otherwise entitled to a jury, and wants one, the case can be removed to district court.

not if the city courts retain their own jurisdiction. this is a jurisdictional problem with the $5k threshold that only exists in this hypothetical.

The law is written denying, not permitting jury trials.

quote:

A trial by jury shall not be available in:

(1) A suit where the amount of no individual petitioner's cause of action exceeds fifty thousand dollars exclusive of interest and costs.


if you change fifty to five, that doesn't guarantee a trial in claims over $5k, it just doesn't deny them. this means jurisdictions that don't allow juries who also allow claims over $5k would have judge trials up to their jurisdictional limit
Posted by Demshoes
Up in here
Member since Aug 2015
10729 posts
Posted on 9/3/19 at 3:09 pm to
bullshite hype and obfuscation
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
87381 posts
Posted on 9/3/19 at 3:32 pm to
quote:

if you change fifty to five, that doesn't guarantee a trial in claims over $5k, it just doesn't deny them. this means jurisdictions that don't allow juries who also allow claims over $5k would have judge trials up to their jurisdictional limit
No, see 4872. If a defendant wants a jury, the case will be transferred.
Posted by DevilDagNS
Member since Dec 2017
2974 posts
Posted on 9/3/19 at 3:41 pm to
The worst are the allegedly pro-business republicans who are also ambulance chasers. They infest the state legislature.
Posted by Pfft
Member since Jul 2014
5057 posts
Posted on 9/3/19 at 3:45 pm to
The corruption is to have an ugly arse daughter who thinks she is model material.
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