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re: Tort reform in Louisiana - you can only choose 3
Posted on 2/19/24 at 2:12 pm to udtiger
Posted on 2/19/24 at 2:12 pm to udtiger
quote:
They have completely sucked up all the oxygen. Very good solo practioners/small firms doing PI work have been killed off.
So correct.
They give the good guys a bad name. Well-meaning and skilled lawyers, and especially legitimate claimants, are the ones who suffer as a result. Well, that and our profession. SFP and I have our disagreements, but on this we are aligned.
Posted on 2/19/24 at 2:22 pm to Damone
quote:
Oh yeah private party lawsuits are definitely what’s ailing Louisiana
are you new to Louisiana or do you live under a rock?
It is undeniably an enormous hinderance on the state's economy.
many large corporations have openly stated they don't do business in Louisiana due to the legal climate. Those that choose to do business in LA, will automatically reserve a large portion of funds for inevitable law suits.
and that's just the effects on business
Louisiana drivers pay thousands more a year for insurance compared to drivers in other states.
Posted on 2/19/24 at 2:31 pm to Ping Pong
I can say without any doubt that the plaintiff culture in Louisiana is causing insurance companies to avoid writing business here.
It’s mostly associated with automobile both private and commercial automobile.
With that, the property and homeowners insurance suffers.
Insurance companies make money bundling coverages like auto and home or commercial package policies with property, general liability and auto.
They don’t want to do that here because the auto liability and general liability culture is highly plaintiff oriented. Jurisdictional risk is horrible with unreasonable settlements and high jury awards.
It’s just easier for insurance companies to avoid the state alltogether than to try to price a policy to be both affordable and make the insurance company money.
It’s mostly associated with automobile both private and commercial automobile.
With that, the property and homeowners insurance suffers.
Insurance companies make money bundling coverages like auto and home or commercial package policies with property, general liability and auto.
They don’t want to do that here because the auto liability and general liability culture is highly plaintiff oriented. Jurisdictional risk is horrible with unreasonable settlements and high jury awards.
It’s just easier for insurance companies to avoid the state alltogether than to try to price a policy to be both affordable and make the insurance company money.
This post was edited on 2/19/24 at 3:41 pm
Posted on 2/19/24 at 2:55 pm to SlowFlowPro
quote:Then discovery of coverage caps and depth of pockets would serve no purpose at all. You're being dishonest.
Why shouldn't a jury award be based solely on the nature and circumstance of injury
That's how jurors are mandated to decide the case.
Posted on 2/19/24 at 5:10 pm to DevilDagNS
quote:Let them know they have a fat one on the hook? Increased policy limits leads to increased pain and suffering?
What does mandatory disclosure of limits accomplish?
Posted on 2/19/24 at 5:12 pm to Obtuse1
quote:But not for the cigarette manufacturers? What was the distinction?
The problem with that is commercial speech is protected by the 1A and 14A this was addressed specifically for attorneys by SCOTUS in Bates v State Bar of Arizona
Posted on 2/19/24 at 5:27 pm to Jake88
Cigarette manufacturers agreed to stop certain types of advertising as part of the global settlements in the 90s.
Posted on 2/19/24 at 5:58 pm to SlowFlowPro
quote:
Nobody has ever given a rational explanation of how loser pays wouldn't be terrible for insurers/defendants.
You assume a system which would award ambulance chasers at a rate of 33-40% of the settlement. Please don't use the term "rational" when promoting such crap. It's sloppy and beneath you.
Posted on 2/19/24 at 5:59 pm to Damone
All dem lawsuits has us number 1 in so many bad metrics. Gotta be the lawsuits.
Posted on 2/19/24 at 6:06 pm to NC_Tigah
quote:
You assume a system which would award ambulance chasers at a rate of 33-40% of the settlement.
That or they'd get this PLUS the extra attorney's fees on top of the award.
quote:
Please don't use the term "rational" when promoting such crap. It's sloppy and beneath you.
No matter what cut the PI lawyer gets, the insurance company pays more.
The award/settlement/judgment remains the same. Then they have to pay more (as the loser, paying)
Posted on 2/19/24 at 6:20 pm to udtiger
quote:
4) Appointed judges - retention elections (limit of 3 terms)
quote:
9) Attorney advertising prohibited
quote:
13) "penalty" for failure to accept offer of judgment to include award of attorney's fees
Posted on 2/19/24 at 7:01 pm to SlowFlowPro
quote:No!
That or they'd get this PLUS the extra attorney's fees on top of the award.
Not "that or ..."
Sorry.
Just as I as the defendant could not collect all fees on a 15-attorney dreamteam at $1000/hr each.
The court would decide an acceptable hourly comp fee.
In such a system, injured parties would collect more of their settlement. Their lawyers would collect less. There would also be far less personal attorney incentive to manipulate a larger verdict.
Posted on 2/19/24 at 7:04 pm to SlowFlowPro
quote:... when they pay. OTOH, when they don't, they'd collect. In that system John Edwards will think several time before brining a sketchy case.
No matter what cut the PI lawyer gets, the insurance company pays more.
Posted on 2/19/24 at 7:53 pm to NC_Tigah
quote:
The court would decide an acceptable hourly comp fee.
You mean the same court that is currently owned by the Plaintiff’s bar?
It’s the way the fee agreement is written that matters. To get a case to trial, you’re probably looking at roughly 1500 billable hours for a jury trial, and that’s conservatively speaking. That’s $375,000 at an average billing rate of $250 per hr. And that is NOT including costs to try the case, which can be $40-$50k if liability is contested. And that’s on the low end. All those hrs lawyers spend, you have doctors, engineers, accountants and Phds - who can charge double that per hour. What’s your hourly rate to provide a depo, for example? Most docs around here charge in the $2500 range to testify for an hour. I’ve had them leave the room once the hour is up.
That means if a plaintiff wins, and recovers $375,000, the plaintiff recovers an additional $375,000 plus all his costs. So now, judgment value is $750k, plus the insurer or paying defendant is out his own $375k in atty fees and his own expert expenses.
Plus, plaintiff’s atty has a fee agreement which stipulates he gets 40 percent of everything recovered, plus expenses.
So, on a $750k judgment plaintiff’s atty collects a fee of $300,000, plus expenses.
If the case would have been without a “loser pays” statute, plaintiff collects $375k and his lawyer gets $150k. The plaintiff’s lawyer has to reimburse medical expenses etc, so the plaintiff probably nets $75-$100k depending on the extent of treatment. Mind you, I’m just considering what it costs, low end to get a $375k judgment to trial. The last PI case I tried on defense, I considered a $400k verdict a win. When I obtained it, Gordon Mckeron’s office heard about it and called me to try to hire me bc if I could get a jury to provide that amount with 2 back surgeries and an at fault driver, he wanted me to know that I could make way more money if I just moved to the dark side. I had Stipulated to liability and knew we would have to pay - my entire goal was to just hold plaintiff to a field goal.
By doing a loser pays situation- You have now increased judgment value by the amount of attorneys fees which who TF knows what that is and how can you be sure when you’re just negotiating. I would estimate that 90 percent of cases settle without trial. So, You’ve just added six figures worth of attorney fees to the top of settlement value, if the case settles before trial.
It would increase settlement values, the cost of litigation, and the risk to civil defendants.
It’s a bad idea.
Posted on 2/19/24 at 8:00 pm to NC_Tigah
quote:
John Edwards will think several time before brining a sketchy case.
JBE’s new practice consists of collecting a fat paycheck from Fishman Haywood while rubbing elbows in DC or generally making Jeff Landry’s life difficult. He ain’t touching PI cases anymore.
But I get your point
Posted on 2/19/24 at 8:02 pm to Wednesday
quote:
To get a case to trial, you’re probably looking at roughly 1500 billable hours for a jury trial
I agree with you that categorical loser pays is not a good idea, but this seems excessive for your run of the mill PI case.
Posted on 2/19/24 at 9:06 pm to Wednesday
I agree that loser pays is bad. For a lot of the reasons you stated. But the real reason it makes no sense is because the plaintiff rarely "loses." In a rear end accident, you'll rarely see a 0. In those cases, the defendant will always have to pay attorneys fees.
However, having the ability to include it in an Offer of Judgment could make sense. If I send you an Offer for $400k and the jury awards less, having the other side pay fees would be a great way to encourage settlement. Same would go the other way.
However, having the ability to include it in an Offer of Judgment could make sense. If I send you an Offer for $400k and the jury awards less, having the other side pay fees would be a great way to encourage settlement. Same would go the other way.
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