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Started By
Message
re: US District Court in NOLA has stayed a bunch of civil cases where fraud has been alleged.
Posted on 8/22/19 at 7:24 am to arseinclarse
Posted on 8/22/19 at 7:24 am to arseinclarse
I wasn't referring to the op...rather the side topic of tort reform
I haven't heard anything about what is going on with staged accidents. If true...licenses should be yanked and they should all be thrown in jail....
I haven't heard anything about what is going on with staged accidents. If true...licenses should be yanked and they should all be thrown in jail....
0
Posted on 8/22/19 at 7:25 am to SpringBokCock
quote:
The courts- as proven by OP - are dealing with the fraudsters appropriately.
, no. They catch rampant fraudsters. The one off stuff goes on all the time without any recourse. I'd legitimately be surprised if more than half of insurance lawsuits in LA are valid.
Posted on 8/22/19 at 7:30 am to slackster
quote:
We know this. We're not stupid.
We still would rather side with insurance companies than actual victims.
FIFY...
Posted on 8/22/19 at 7:39 am to Havoc
quote:
It is unknown why the originator of the thread(s) was unable or unwilling to simply post the case numbers of publicly-available cases relevant to his thread(s). You’re a fricking douchebag Slippy until further notice.
Dude relax. I didn't have any of that shite in front of me when I made the post. I had just read a blurb on CompQuantum before leaving the office. However, someone else above posted the cites and captions of several cases wherein the stays have been imposed. It's not my fault you can't scroll.
I hear there are more stays coming.
Posted on 8/22/19 at 7:47 am to Slippy
The reckoning is coming for the plaintiff bar in Louisiana and their doctors (chiropractors lol) and they know it too.
Posted on 8/22/19 at 7:50 am to rumproast
quote:
We still would rather side with insurance companies than actual victims.
FIFY...
Give me a break. Most of the reforms mentioned in this thread don't negatively impact actual victims.
When you look around the country and see something that is unique to LA, it's rarely a good thing. Most states have laws similar to that in the OP. Their actual victims are fine.
Posted on 8/22/19 at 7:52 am to Slippy
And for the record (since somebody suggested I was pulling a Sal Perricone)...
I have no inside information. I am not involved in any of the stayed cases. I'm just commenting on what is in the public record. I know a lot of the players involved, but I'm not accusing anybody of anything.
Our profession already has a horrible reputation. And people who flout the rules and engage in unethical activity and fraud are a huge stain on it. Like everyone else, I will wait and see what comes of all this. If the lawyers are cleared, then good for them, we can move on.
I have no inside information. I am not involved in any of the stayed cases. I'm just commenting on what is in the public record. I know a lot of the players involved, but I'm not accusing anybody of anything.
Our profession already has a horrible reputation. And people who flout the rules and engage in unethical activity and fraud are a huge stain on it. Like everyone else, I will wait and see what comes of all this. If the lawyers are cleared, then good for them, we can move on.
Posted on 8/22/19 at 7:55 am to arseinclarse
quote:
Not bad
IWHI like one of us is about to go to prison for a while.
Posted on 8/22/19 at 7:59 am to DevilDagNS
quote:
The reckoning is coming for the plaintiff bar in Louisiana and their doctors (chiropractors lol) and they know it too.
Some of the MD's have gotten as bad as the witch doctors. I mean Chiropractors. They have MD/PT clinics that churn out copycat treatment reports for plaintiffs with nothing but the name looking different. The MD may only see the patient once or twice even with months of treatment and the treatment is cookie cutter.
Posted on 8/22/19 at 8:05 am to spslayto
quote:
Give me a 2 year prescriptive period. Would help stop some lawsuits from having to be filed.
Truth
Posted on 8/22/19 at 8:17 am to SpringBokCock
You make great points, just to add
To my knowledge this is uncommon if not downright rare. There are many ways that bringing a merit less claim can escape a finding of outright fraud even though that’s exactly what it is.
quote:
Judges will sanction lawyers and parties who commit fraud.
To my knowledge this is uncommon if not downright rare. There are many ways that bringing a merit less claim can escape a finding of outright fraud even though that’s exactly what it is.
This post was edited on 8/22/19 at 8:18 am
Posted on 8/22/19 at 8:18 am to JudgeHolden
quote:
quote:
Give me a 2 year prescriptive period. Would help stop some lawsuits from having to be filed.
Truth
The rates or list prices “charged” by
hospitals and doctors for treatment done due to an accident are generally several times more than the amounts these providers are
routinely paid in satisfaction of the bill. The ability to edit these charges would also have an effect.
Posted on 8/22/19 at 8:25 am to Slippy
quote:
Dude relax. I didn't have any of that shite in front of me when I made the post. I had just read a blurb on CompQuantum before leaving the office. However, someone else above posted the cites and captions of several cases wherein the stays have been imposed. It's not my fault you can't scroll.
Just messing with you and more than one asked for more details which weren’t provided. The cites and cases were only posted by some helpful chap later.
quote:
I hear there are more stays coming.
Seems odd for such an obvious fraud scheme for it to take so long for anything definitive to be done. Political scheming must be at work trying to quell it or else it’s even more wide ranging. I guess we’ll see. Or not.
Posted on 8/22/19 at 8:25 am to rumproast
quote:
All of these supposed ideas...you know...to get those greedy lawyers...result in less for real victims and more fore the insurance company. Like med mal caps...500k since 1974. You think 500k compensates an infant rendered quadriplegic by a doctor on his cell phone? No...Vitter wanted it reduced to 250k....because those poor doctors have high insurance rates (while making 800k a year.) Seriously...when these proposals come out..and they point at the legal system...ask yourself "who profits?" It isn't you...its the insurance company. Every single time. Then ask...who is pushing the reform and who is backing them? You guessed it...insurance companies.
Completely frivolous lawsuits have as much or more to do with these caps as the insurance companies. If there were no med mal cap doctors would get hit with malpractice suits daily by people looking for a lottery ticket.
And insurance companies aren’t the only one benefiting from this. If there was no med mal cap then med mal insurance premiums would skyrocket. Who do you think that cost would be passed on to?
Posted on 8/22/19 at 8:26 am to slackster
quote:
Give me a break. Most of the reforms mentioned in this thread don't negatively impact actual victims.
Oh really? Lets see...reduce the jury threshold to 5k. Now everything is tried to a jury...thus more expensive. Many victims won't have the money to sue. (and no..lawyers wont be taking soft tissue cases on contingent bases...especially with increased costs.) So victims who dont have money and dont gave devastating injuries are hurt by this. You dont see how the removal of the collateral source rule negatively impacts real victims? Paying health insurance premiums and taking the benefit of the reduced rate away from the victim and giving it to the liability insurer. That hurts victims. Reduced caps? Hurts victims. And for what? They aren't reducing insurance rates.
Posted on 8/22/19 at 8:29 am to rumproast
Why are plaintiffs so afraid of juries?
Posted on 8/22/19 at 8:32 am to rumproast
I practice in LA and MS. I just want to chime in and say MS’s jury trial threshold is extremely low ($200 for circuit court). Despite the low threshold, our state courts aren’t “overrun.” The same thing would happen in LA, especially if the prescriptive period was bumped up to two+ years for negligence.
Judges are almost always going to split a baby re: damages. If anything, the $50K threshold clogs up the system. Juries are much more likely to punish a plaintiff they believe is a phony. Judges aren’t.
Judges are almost always going to split a baby re: damages. If anything, the $50K threshold clogs up the system. Juries are much more likely to punish a plaintiff they believe is a phony. Judges aren’t.
This post was edited on 8/22/19 at 8:33 am
Posted on 8/22/19 at 8:32 am to UpToPar
quote:
And insurance companies aren’t the only one benefiting from this. If there was no med mal cap then med mal insurance premiums would skyrocket. Who do you think that cost would be passed on to?
Go watch the documentary called "Hot "Coffee" and see what happened to med mal insurance rates in states where caps were deemed unconstitutional. Here's a hint...they didn't go up. It's a lie pushed by the medical lobby. And as for runaway jury awards...thank god we have appellate review (2 layers) including quantum review, so crazy jury awards are essentially impossible. It's a bill of goods. Go watch that documentary. Your eyes may open.
Posted on 8/22/19 at 8:33 am to SpringBokCock
quote:
Rates never go down
This isn't true at all.
For example, you can currently count on one hand the number of carriers that will write commercial auto insurance in the state and every one of those carrier's rates are astronomical compared to our neighbors. It is a direct result of the litigation environment here caused by the things mentioned earlier in the thread.
Competition significantly drives down rates and right now, there is virtually none of it.
Posted on 8/22/19 at 8:33 am to DevilDagNS
I don’t think it is “afraid of juries” as much as “I don’t want to put that kind of work and time in.”
It’s a lot easier to sue and get a settlement or bench trial than to go to a jury trial.
It’s a lot easier to sue and get a settlement or bench trial than to go to a jury trial.
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