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re: US District Court in NOLA has stayed a bunch of civil cases where fraud has been alleged.

Posted on 8/16/19 at 9:34 am to
Posted by Motorboat
At the camp
Member since Oct 2007
22671 posts
Posted on 8/16/19 at 9:34 am to
where is your link brah?
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37050 posts
Posted on 8/16/19 at 9:35 am to
quote:

US District Court


quote:

Basically concerns an organized scheme to stage accidents and profit.


I thought pretty much all of these types of cases were in state court. What's fed court have to do with this?
Posted by SlackMaster
Baton Rouge
Member since Jan 2009
2654 posts
Posted on 8/16/19 at 9:35 am to
quote:

Does anyone think the defense bar is lining up to go to trial after decades of not doing so? Nope


I have to agree that this is a good point. But, I still think lowering the jury trial threshold would be helpful in creating a more balanced environment.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18901 posts
Posted on 8/16/19 at 9:35 am to
quote:

Loser pays is meaningless. Gordon and Morris Bart aren’t taking cases where liability is in question.


This is 100% false. I was the subject of a completely frivolous suit that was likely a staged accident. Involved one of my companies vehicles and the plaintiff was repped by Gordon’s firm. My insurance tried to make a go away offer and they pressed for more and I leaned on the insurance company to fight it. I ended up providing some video and evidence of prior suits from the individuals involved that backed my insurer into a corner so we went to trial. We destroyed them and got a judgement in our favor from the bench along with the Judge admonishing opposing counsel and one of their medical “experts” in open court. Judge also assigned all of our costs to the plaintiff. So it absolutely worked in my case.
Posted by Dizz
Member since May 2008
14722 posts
Posted on 8/16/19 at 9:37 am to
Do you have a link or a case number?
Posted by NIH
Member since Aug 2008
112583 posts
Posted on 8/16/19 at 9:47 am to
I clerked on both sides in law school, ideally reform would look like this:

$20,000 jury threshold, with a few years built in so courts can get acclimated

Two year prescription

Do away with direct action statute
Posted by NIH
Member since Aug 2008
112583 posts
Posted on 8/16/19 at 9:51 am to
If you’re arguing demographics then make the limitation to public sources like Medicaid or Medicare
Posted by SlackMaster
Baton Rouge
Member since Jan 2009
2654 posts
Posted on 8/16/19 at 9:58 am to
quote:

$20,000 jury threshold, with a few years built in so courts can get acclimated

Two year prescription

Do away with direct action statute



If this were passed, it would be a step in the right direction for our state, although it would be better if removing the collateral source rule was included.
This post was edited on 8/16/19 at 2:02 pm
Posted by LSU5508
New Orleans
Member since Nov 2007
3614 posts
Posted on 8/16/19 at 1:03 pm to
quote:

I thought pretty much all of these types of cases were in state court. What's fed court have to do with this?


18 Wheeler cases
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
71361 posts
Posted on 8/16/19 at 1:17 pm to
Billboard lawyers and chiropractors lack ethics? Shocked.
Posted by michael corleone
baton rouge
Member since Jun 2005
5807 posts
Posted on 8/16/19 at 1:26 pm to
Isn’t there an investigation into some scheme in Lafayette regarding medical bills? Seems like someone posted something here a year ago. Lawyers referring clients to a “medical management company” who then referred to the doctor. The med mangt company then jacked up the actual invoice charged by the physician. Something like that.
Posted by Slippy
Across the rivah
Member since Aug 2005
6573 posts
Posted on 8/16/19 at 1:41 pm to
The Louisiana Supreme Court, just a couple of months ago, held that written off medical expenses are NOT a collateral source. (This was in a case where worker's comp paid discounted totals according to a schedule.)

The court also said that to assess damages for medical expenses that will never be paid by anybody constitutes punitive damages and are prohibited by the La constitution. Praise Jesus they did that. You will begin to see that reasoning applied all over the place, including in several motions that I am preparing to file.
Posted by Oizers
Member since Nov 2009
2643 posts
Posted on 8/16/19 at 1:46 pm to
quote:

Where was did you catch this?


Video from our company's vehicle. Either on Poydras or Canal.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 8/16/19 at 3:16 pm to
quote:

remove direct action against an insurer.



Why?
bc they aren't to blame. The number of lawyers would drop instantly if you remove direct action and reducing number of lawyers improves everything.
Posted by lsu2006
BR
Member since Feb 2004
39979 posts
Posted on 8/16/19 at 3:20 pm to
quote:

Hopefully the PR on this, plus a new governor, will finally get tort reform passed in Louisiana. Our tort laws are ridiculous.

Which tort laws are ridiculous and what reforms do you believe would make them less ridiculous? Be specific.
Posted by Havoc
Member since Nov 2015
28258 posts
Posted on 8/21/19 at 3:11 pm to
Do you have the case number for one of them?
Posted by Oilfieldbiology
Member since Nov 2016
37483 posts
Posted on 8/21/19 at 3:12 pm to
quote:

Basically concerns an organized scheme to stage accidents and profit. Plaintiffs, lawyers and doctors all implicated.


Shocked I tell you. Where are our resident ambulance chasers to tell us insurance rates are so high because of the insurance companies and not because of the lawsuits?
Posted by Oilfieldbiology
Member since Nov 2016
37483 posts
Posted on 8/21/19 at 3:13 pm to
quote:

doctors implicated. Shocking that Legalized drug dealers would also be behind more scams. SHOCKING!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


$5 says is a doctor of chiropractic medicine.
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
36406 posts
Posted on 8/21/19 at 3:14 pm to
quote:

quote: US District Court quote: Basically concerns an organized scheme to stage accidents and profit.


RICO?
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98650 posts
Posted on 8/21/19 at 3:18 pm to
quote:

$5 says is a doctor of chiropractic medicine


That...and apparently others (neurosurgery and radiology)
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