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re: Welp... Landry actually signed some tort litigation reform bills
Posted on 5/29/25 at 10:23 am to Y.A. Tittle
Posted on 5/29/25 at 10:23 am to Y.A. Tittle
That’s true. The mills tend to have a few trial capable lawyers or they refer the good stuff out.
0
Posted on 5/29/25 at 10:27 am to idsrdum
quote:
Summary of Proposed Louisiana Tort Reforms (2025) and Potential Insurance Impact:
Modified Comparative Fault (51% Bar):
If you're 51% or more at fault in an accident, you can't recover anything. This should reduce payouts by insurers and could help lower auto premiums.
I just read HB 431 and it is a terrible bill.
It does provide that if a plaintiff is found to be 51% or more at fault, they don't recover anything. But it also provides:
quote:
"In cases where the issue of comparative fault is submitted to the jury, the jury shall be instructed on the effect of this Article."
What that means is that it will be explained to a jury that if they think the plaintiff should recover anything, then they should find the plaintiff 50% at fault or less. That will eliminate any verdict finding a 60% reduction or an 80% reduction due to comparative fault. It basically caps the reduction at 50%. Any good plaintiff attorney will take that chance. The worst he can do with comparative fault is 50-50.
Posted on 5/29/25 at 10:29 am to NOFOX
quote:
A while back I was riding with a friend who got t-boned by a guy who ran a red light while watching a video on his phone. I ended up with a broken wrist so I went to see my ortho. Been seeing this doctor for 10 years. Guy had done my ACL repair, helped with stress fracture, and several other prior issues.
I had a similar experience. Dude ran a red light and i tboned him. I was unconscious for a few minutes, and had a bad concussion. I couldn't drive for about 2 months. I had a consistent headache for about 6 months and nearly daily headaches for another three months. It was miserable. I tried to go to a neurologist, and when I filled out that it happened in a car accident he cancelled my appointment, and wanted $5000 upfront before he would treat me. I had to get a funding group to pay for my treatments upfront in exchange for the cost plus a percentage if my case were to settle.
Posted on 5/29/25 at 10:29 am to udtiger
frick that slimy cocksucker. Gordon wrote all this shite during their little trip to Texas.
Posted on 5/29/25 at 10:40 am to RougeDawg
quote:
Not really. They slipped in the $100,000 exemption. That is a very easy hurdle to clear. I really doubt Gordon is taking on a lot of $50,000 claims.
Gordon takes a ton of minimum limits cases. A majority of his cases, and every big plaintiffs firms cases, are 15, 30 and 50k policies. That’s what keeps the lights on. Way easier to settle those cases and get the insurance to pay limits if fault is clear. There are different adjusters and attorneys that handle lower level policies and adjusters almost all have authority to give at least 15k without any approval. 2-3 months of chiro is basically an automatic 15k from any insurance company
This post was edited on 5/29/25 at 10:42 am
Posted on 5/29/25 at 10:41 am to andwesway
Getting rid of the Housley principle is going to lead to a lot of accident reconstructionist and medical depositions. The 100K penalty is going to keep some low bar claims out of the system. The real question is does it have any real impact on premiums. I have my doubts.
Posted on 5/29/25 at 10:45 am to iron banks
quote:
Getting rid of the Housley principle is going to lead to a lot of accident reconstructionist and medical depositions. The 100K penalty is going to keep some low bar claims out of the system. The real question is does it have any real impact on premiums. I have my doubts.
Nope, it won’t. I’ve worked on both sides of the aisle and have nothing to do with tort anymore, but people just want someone to blame. If you really believe insurance companies want to lower premiums, you’re high. It isn’t going to happen. Blame the slimy plaintiffs lawyers all you want, they are part of the problem, but the insurance companies are just as much (if not more) at fault.
Posted on 5/29/25 at 10:51 am to TBoy
quote:Yeah that's terrible.
"In cases where the issue of comparative fault is submitted to the jury, the jury shall be instructed on the effect of this Article."
Posted on 5/29/25 at 11:17 am to CecildaDiesel
The people that think their insurance will go down are clowns. They just want a win and for the insurers to continue cucking them
Posted on 5/29/25 at 11:23 am to TBoy
Other states that have modified comparative fault notify the jury of the effect of finding 51%.
I pro hac’d into one not long ago where this was an issue and was told the jury is told the effect.
We’re not an outlier on that.
I pro hac’d into one not long ago where this was an issue and was told the jury is told the effect.
We’re not an outlier on that.
This post was edited on 5/29/25 at 11:24 am
Posted on 5/29/25 at 11:27 am to 385 Tiger
quote:This x100
I voted for Landry, but he is not the Republican I wanted. I am more disappointed than I could have imagined. He is a caricature of a conservative southern governor, beholden to himself first and secondarily to the plaintiffs attorneys who funded his campaign, and I have seen nothing to indicate that he is interested in discussing serious solutions to our state's serious problems.
Posted on 5/29/25 at 11:30 am to NaturalBeam
The problem is that once your health insurance finds out that you were in an accident they’ll try to recoup payment from the doctors and hospitals
Posted on 5/29/25 at 11:48 am to boosiebadazz
Right. And that instruction may make some jurors more likely to put a % on the Plaintiff. Cuts both ways.
Posted on 5/29/25 at 12:11 pm to NIH
Does this take affect immediately?
Posted on 5/29/25 at 12:39 pm to tigerinthebueche
quote:
A quick balance sheet, if you will.
He won the election, and many prior offices with not much of a peep of nay saying...till he ran and won governor.
Get over it and get a better candidate.
Posted on 5/29/25 at 12:39 pm to udtiger
Landry goes on ducking trips up to Gordon McKernan’s place up in Kansas. And we wonder why our car insurance rates are so high
Posted on 5/29/25 at 12:44 pm to The Cow Goes Moo Moo
quote:
Morris Bart hosts an annual Christmas party every year at a restaurant in the quarter for all of the doctors he uses in his cases. I cannot for the life of me understand how something like this is allowed.
Defendants have their same go to group of doctors who will tell say the rod sticking out of your head is from a pre-existing condition or not related to the accident.
Posted on 5/29/25 at 12:55 pm to Dizz
These bills will help especially with the less sophisticated trial attorneys a step in right direction keep chipping away Landry is a caricature but he has done some good stuff despite all his sideshow antics. State is moving forward economically now. Maybe next governor will be a true business conservative but we are stuck with Landry for next 6 years mostl likely still much bette off than JBE
Posted on 6/3/25 at 2:08 pm to The Cow Goes Moo Moo
quote:quote:
The current tort reform bills (fault limits, no pay/no play, etc.) are good, but they’re not addressing the medical billing scam, which is a huge part of the problem. Injury lawyers send clients to certain doctors who skip insurance and bill at inflated rates through liens, then use those fake prices in court to boost settlements. It’s legal, but it’s driving up everyone’s insurance premiums — and nobody's fixing it.
Morris Bart hosts an annual Christmas party every year at a restaurant in the quarter for all of the doctors he uses in his cases. I cannot for the life of me understand how something like this is allowed.
Do the plantiff’s doctors that are billing the inflated rates accept a reduced rate after the court case (or maybe give a kickback to the attorney)? Or are the attorneys pushing inflated rates solely to inflate their 30% of the judgement while handing the full medical part of the settlement to the doctor?
Posted on 6/3/25 at 2:18 pm to iron banks
quote:
Getting rid of the Housley principle is going to lead to a lot of accident reconstructionist and medical depositions.
So, lengthier and more expensive litigation will be the result? Excellent!
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