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re: 2024- LA Legislature Tort Reform Bills

Posted on 3/13/24 at 9:17 pm to
Posted by The Johnny Lawrence
Member since Sep 2016
2162 posts
Posted on 3/13/24 at 9:17 pm to
Oh, my assumption is that no plaintiff could ever afford the fees, so I never articulated how impractical it would be to try and enforce loser pays. I'm assuming the plaintiff side would just be a 40% tack on. The defense side would be horrible to deal with and figure out.

Posted by John Coctostan
Member since May 2018
553 posts
Posted on 3/13/24 at 9:26 pm to
Are there any bills proposed to eliminate an employee’s ability to choose their own doctor for WC claims?
Posted by boosiebadazz
Member since Feb 2008
80257 posts
Posted on 3/13/24 at 9:34 pm to
Not explicitly, but they’re trying to reduce the comp reimbursement schedule so that many quality doctors will not agree to see comp patients.

I’ve not seen the bill but I’ve heard there’s one out there that would limit benefits to two years maximum. Quads and burns and everything. Two year hard cap.
This post was edited on 3/13/24 at 9:40 pm
Posted by Wednesday
Member since Aug 2017
15417 posts
Posted on 3/13/24 at 10:13 pm to
quote:

For me to properly advise my clients and to make sure my interests are not adverse to theirs, should I not be able to discover the billing records of the defendants if me or my client may be cast in judgment to pay them?


I think you’re already entitled to do that
Posted by boosiebadazz
Member since Feb 2008
80257 posts
Posted on 3/13/24 at 10:17 pm to
Itemized time records of what the defense attorney is billing?
Posted by The Johnny Lawrence
Member since Sep 2016
2162 posts
Posted on 3/13/24 at 10:24 pm to
There isn't a scenario in LA currently that you'd owe it, so it isn't discoverable. I could see courts allowing it, to some extent, if sb84 passed.

By I could come to with a bunch of arguments as to why you aren't. It's just a bad idea all around
Posted by Wednesday
Member since Aug 2017
15417 posts
Posted on 3/13/24 at 10:25 pm to
Not as it’s happening - but yes, once they are awarded.

Ie if it’s part of the claim
Posted by PoBoy1
Member since Mar 2014
375 posts
Posted on 3/14/24 at 8:39 am to
quote:

What is the best/easiest method to track these bills as they move forward?


LINK to track bills. Must sign-up (free) first.
Posted by PoBoy1
Member since Mar 2014
375 posts
Posted on 3/14/24 at 9:11 am to
House Civil Law and Procedure Committee Members

Of the 17 committee members:
13 Republicans, 4 Democrats;
9 are attorneys (Muscarello (R), Glorioso (R), Brown (D), Johnson (R), Larvadain (D), Carter(D), Melerine (R), Taylor (D), and Ventrella (R));
8 appear to have personal injury experience (Muscarello, Glorioso, Brown, Larvadain, Carter (also a former district court judge), Melerine, Taylor (also a former workers' comp judge), and Ventrella)
Posted by PoBoy1
Member since Mar 2014
375 posts
Posted on 3/14/24 at 9:32 am to
Senate Judiciary A Committee Members

7 total committee members
4 Republicans, 3 Democrats
5 attorneys (Miller (R), Jenkins (D), Luneau (D), Carter (D), and Seabaugh (R))
3 with PI experience (Jenkins, Luneau, Seabaugh)
Posted by The Johnny Lawrence
Member since Sep 2016
2162 posts
Posted on 3/14/24 at 3:11 pm to
Feels like a lot of plaintiff lawyers.
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