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Message
re: US District Court in NOLA has stayed a bunch of civil cases where fraud has been alleged.
Posted on 8/16/19 at 8:58 am to SlackMaster
Posted on 8/16/19 at 8:58 am to SlackMaster
And I see you got your talking points from the news. How is a $5000 jury trial threshold common sense? You realize that could plausibly involve nearly every accident that occurs?
2
Posted on 8/16/19 at 8:58 am to TigerGman
quote:
remove direct action against an insurer.
Why?
Bringing an insurance company into a lawsuit encourages a jury’s tendency to award larger damages. It’s human nature to see a company in a different light than a real person, so when they feel sorry for the plaintiff, they don't see the judgement as hurting another person. But in the end, it drives up insurance rates.
Posted on 8/16/19 at 8:58 am to Slippy
Posted on 8/16/19 at 9:00 am to fatboydave
quote:
No they wont
Thank you for your reasoned response. It changed my mind.
Posted on 8/16/19 at 9:02 am to Proximo
quote:
How is a $5000 jury trial threshold common sense? You realize that could plausibly involve nearly every accident that occurs?
Yes. And it introduces risk to the plaintiff's attorney, who gets paid on contingency. This reduces judge shopping and combined with the other changes, cuts down on frivolous lawsuits in the first place.
Think about it: There is a probably a reason most other states have gone this direction.
Posted on 8/16/19 at 9:03 am to Slippy
Give me a 2 year prescriptive period. Would help stop some lawsuits from having to be filed.
Posted on 8/16/19 at 9:04 am to Slippy
First heard about that several months ago but zero developments. Do you have the case number for one of them?
Posted on 8/16/19 at 9:05 am to SlackMaster
quote:
Our tort laws are ridiculous.
How so?
Posted on 8/16/19 at 9:05 am to SlackMaster
quote:
t’s human nature to see a company in a different light than a real person,
Ummm..it;'s a company paying isn't it?
Posted on 8/16/19 at 9:06 am to Slippy
isnt this the whole KING law thing?
Posted on 8/16/19 at 9:10 am to SlackMaster
1) lower Louisiana's jury trial threshold from $50,000 to $5,000 to bring us more in line with other states. - $5k is too low. System would be overwhelmed. Reduce it to $20,001.00 and adjust the jurisdiction caps for all city and parish courts to $20,000.00 (get rid of all the fricking carve outs - including Pinevile City Court)
2) end the collateral source rule - agreed
3) remove direct action against an insurer - agreed
I would add "loser pays" the attorney's fees of the other side - no discretion - and it applies to the lawyers as well as the client (in case the broke dick plaintiff can't pay up).
This would result in:
a) a hell of a lot more settlements before suit is filed
b) quick settlements after initial discovery
c) only cases with "merit" will go to trial
2) end the collateral source rule - agreed
3) remove direct action against an insurer - agreed
I would add "loser pays" the attorney's fees of the other side - no discretion - and it applies to the lawyers as well as the client (in case the broke dick plaintiff can't pay up).
This would result in:
a) a hell of a lot more settlements before suit is filed
b) quick settlements after initial discovery
c) only cases with "merit" will go to trial
Posted on 8/16/19 at 9:11 am to Slippy
We caught a staged accident on video. They use a spotter and when the mark approaches, the "victim" waits for the signal to pull out in front of the mark.
Posted on 8/16/19 at 9:12 am to udtiger
Loser pays is meaningless. Gordon and Morris Bart aren’t taking cases where liability is in question.
Posted on 8/16/19 at 9:12 am to Oizers
Where was did you catch this?
Posted on 8/16/19 at 9:12 am to SlackMaster
quote:
ETA: You must be an attorney because I can't imagine anyone else being against these common sense changes.
Of course you can't because you haven't a clue what you're talking about.
There is enough statistical data to determine that almost none of that would have any effect on insurance rates, and #1 would be DISASTROUS for our court system in ways your feeble brain can't comprehend.
Posted on 8/16/19 at 9:13 am to Fun Bunch
I’ve yet to see a good argument for why collateral source being done away with. Why should the tortfeasor get off lighter because the plaintiff had insurance?
This post was edited on 8/16/19 at 9:14 am
Posted on 8/16/19 at 9:14 am to TigerGman
quote:
Ummm..it;'s a company paying isn't it?
Yes, and then they raise our premiums to make up for it.
Posted on 8/16/19 at 9:15 am to udtiger
quote:
$5k is too low. System would be overwhelmed. Reduce it to $20,001.00 and adjust the jurisdiction caps for all city and parish courts to $20,000.00 (get rid of all the fricking carve outs - including Pinevile City Court)
I could go for that.
Posted on 8/16/19 at 9:17 am to NIH
quote:
I’ve yet to see a good argument for why collateral source being done away with. Why should the tortfeasor get off lighter because the plaintiff had insurance?
Should at least get the insurance write off. Why should a plaintiff get the windfall for that?
Posted on 8/16/19 at 9:19 am to NIH
quote:
I’ve yet to see a good argument for why collateral source being done away with. Why should the tortfeasor get off lighter because the plaintiff had insurance
You don't think the tortfeasor should have to pay only actual damages? The medical industry jacks up "sticker prices" through the roof because most insurance providers pay a percentage discount. Even private payors don't pay sticker price, unless they don't know any better. But, "collatoral source" requires the tort damages be based off these prices, which aren't tethered to reality.
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