- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Tort Reform: Louisiana’s “Jury Threshold “ of $50,000
Posted on 10/14/19 at 11:30 am to NIH
Posted on 10/14/19 at 11:30 am to NIH
quote:
Direct action statute being done away with + $15,000 jury threshold + two year SOL seems like a fair deal for both sides.
So one question I always have is what happens in courts of limited jurisdiction? Anything between $0 and $35000 can be handled in most city courts. There are no juries in city court.
I think lowering the jury threshold will have a minimal impact.
1
Posted on 10/14/19 at 11:31 am to rmc
quote:
I'm not sure what is supposed to "fix" tort in Louisiana, but I do know that there is a huge misconception out there that it is all the plaintiffs lawyers. There is a large portion of the bar that is dedicated to billing their life in 6 minute increments and if plaintiffs lawyers start starving so will the defense. They are co-dependent and may give some lip service to tort reform but they do not want anything to change either.
Insurance companies hire outside attorneys to fight legal claims. They would much rather not to have to deal with any of that. Thus the backing for tort reform that ended up getting shut down by the trial lawyers and JBE.
Posted on 10/14/19 at 11:33 am to rmc
i got into it about city courts. there is going to be some caselaw that has to develop about those procedures for any city/parish court over this hypothetical jury thresshold
Posted on 10/14/19 at 11:33 am to BugAC
quote:
Insurance companies hire outside attorneys to fight legal claims. They would much rather not to have to deal with any of that. Thus the backing for tort reform that ended up getting shut down by the trial lawyers and JBE.
Some still have in house.
I agree with you in that JBE will never sign off on tort reform. Here is another little secret - the legislature isn't passing it anyway. Go look at some of the GOP legislators and most of the DEM legislators - tort lawyers. They aren't passing something that is going hurt their bottom line.
Posted on 10/14/19 at 11:34 am to Mickey Goldmill
Mickey,
I wasn't responding to you....you just happened to be the last post before I started typing on the subject. While I disagree with a lot of your positions on things, this is one we do agree on. Nobody seems to remember that real people actually do get hurt... Ironically, Hot Coffee also shows that even with the removal of med-mal caps in several states (where they were found to be unconstitutional), insurance rates for physicians actually went down....completely contrary to the narrative being spun by the AMA. Insurance groups and lobbyists in general don't give a shite about people. They care about making money. You think this is about insurance rates or some moral quest to combat those darn evil trial lawyers???? Ha. What a crock.
I wasn't responding to you....you just happened to be the last post before I started typing on the subject. While I disagree with a lot of your positions on things, this is one we do agree on. Nobody seems to remember that real people actually do get hurt... Ironically, Hot Coffee also shows that even with the removal of med-mal caps in several states (where they were found to be unconstitutional), insurance rates for physicians actually went down....completely contrary to the narrative being spun by the AMA. Insurance groups and lobbyists in general don't give a shite about people. They care about making money. You think this is about insurance rates or some moral quest to combat those darn evil trial lawyers???? Ha. What a crock.
Posted on 10/14/19 at 11:37 am to SlowFlowPro
quote:
i got into it about city courts. there is going to be some caselaw that has to develop about those procedures for any city/parish court over this hypothetical jury threshold
IT would probably all be done in the same statute that lowers the jury threshold.
Their limited jurisdiction limits the ability for these courts to have a jury. If they wanted to continue not to have juries they would have to lower them again.
Posted on 10/14/19 at 11:38 am to Todd O'Connor
quote:
Their limited jurisdiction limits the ability for these courts to have a jury. If they wanted to continue not to have juries they would have to lower them again.
Yeah - you will see city court judges losing their mind. They continually push to raise them. Their pay is connected to civil filings.
And I don't see juries being introduced into city court.
Posted on 10/14/19 at 11:38 am to Todd O'Connor
how do other jurisdictions with low amounts do it? Doesn't Texas have like circuit courts and district courts with different levels of threshold? do they all get juries or just district courts?
Posted on 10/14/19 at 11:43 am to rumproast
quote:
Mickey,
I wasn't responding to you....you just happened to be the last post before I started typing on the subject. While I disagree with a lot of your positions on things, this is one we do agree on. Nobody seems to remember that real people actually do get hurt... Ironically, Hot Coffee also shows that even with the removal of med-mal caps in several states (where they were found to be unconstitutional), insurance rates for physicians actually went down....completely contrary to the narrative being spun by the AMA. Insurance groups and lobbyists in general don't give a shite about people. They care about making money. You think this is about insurance rates or some moral quest to combat those darn evil trial lawyers???? Ha. What a crock.
Yep, I forgot about that part of it too.
Posted on 10/14/19 at 11:52 am to SlowFlowPro
quote:
how do other jurisdictions with low amounts do it? Doesn't Texas have like circuit courts and district courts with different levels of threshold? do they all get juries or just district courts?
I would imagine most courts of limited jurisdiction in other stats are all below the Jury Threshold for the reason of offering a court without jury trials that can move small cases along.
Of course i have no idea.
Posted on 10/14/19 at 11:54 am to SlowFlowPro
Is case law even precedent in Louisiana? Or is it just persuasive?
Posted on 10/14/19 at 11:56 am to Parmen
quote:
Is case law even precedent in Louisiana? Or is it just persuasive?
Persuasive only but still heavily followed
Posted on 10/14/19 at 12:01 pm to Todd O'Connor
quote:
I would imagine most courts of limited jurisdiction in other stats are all below the Jury Threshold for the reason of offering a court without jury trials that can move small cases along.
i think TX is something super low like $500
i should have picked another state also, b/c TX loves juries for EVERYTHING , even misdemeanors
Posted on 10/14/19 at 12:05 pm to Parmen
quote:
Is case law even precedent in Louisiana? Or is it just persuasive?
it's precedent. don't let people tell you otherwise
Our Supreme Court even acknowledges it
quote:
7. HOW DOES THE SUPREME COURT DECIDE WHICH CASES TO HEAR?
quote:
As stated earlier, the Louisiana Supreme Court must hear all cases involving disciplinary actions against lawyers and judges, all cases in which a law or ordinance has been declared unconstitutional, and all capital cases where the death penalty has been imposed.
All other cases, and these are those involving litigants who are not satisfied with the outcome of their cases in a lower court, are not heard unless the Supreme Court grants an application for writs to review the case. A majority of the justices must agree to hear the case.
Whether or not to grant writs rests within the sound discretion of the Supreme Court; however, one or more of the following five reasons are usually present if the Court decides to hear a case:
1. CONFLICTING DECISIONS: This means that the decision of the lower court conflicts with the decision of a court of appeal, a decision of the Louisiana Supreme Court or a decision of the United States Supreme Court on the same legal issue.
2. SIGNIFICANT UNRESOLVED ISSUES OF LAW: This means that the decision of the lower court involves a significant legal issue which should be decided by the Louisiana Supreme Court.
3. OVERRULING OR MODIFICATION OF A CONTROLLING PRECEDENT: This means that the decision of the lower court is based on a prior ruling of the Louisiana Supreme Court which should be overruled or substantially modified.
4. ERRONEOUS INTERPRETATION OF A CONSTITUTION OR LAW: This means that the decision of the lower court erroneously interprets or applies the United States or Louisiana constitution or a state or federal law, and the decision will cause material injustice or significantly affect the public interest.
5. GROSS DEPARTURE FROM PROPER JUDICIAL PROCEEDINGS: This means that the decision of the lower court has so far departed from proper judicial proceedings or so abused its powers as to call for an exercise of the Louisiana Supreme Court's supervisory authority.
Posted on 10/14/19 at 12:06 pm to AggieHank86
quote:
I actually had to do a bit of research, because Texas does not have a similar arrangement. In essence, a Louisiana litigant is not entitled to a jury trial unless the amount in controversy exceeds the sum of $50,000.
50K is just a speed bump. By the time things get ramped up with a person injury attorney and the defendant/insurance carrier 20K has already been spent on special damages like a few doctor bills and countless chiropractor visits. That coupled with general damages easily exceed the 50K threshold. It was mentioned earlier jury awards drive a lot of this.
I just hope the good people of Louisiana are happy with their auto insurance costs. It was mentioned earlier too, insurance companies don't care. Higher premiums mean higher reserve capital to invest and get more investment income. The biggest loser is the auto insurance customers.
Posted on 10/14/19 at 12:14 pm to rmc
quote:
Go look at some of the GOP legislators and most of the DEM legislators - tort lawyers. They aren't passing something that is going hurt their bottom line.
I agree with that.
Posted on 10/14/19 at 12:24 pm to SlowFlowPro
quote:
3. OVERRULING OR MODIFICATION OF A CONTROLLING PRECEDENT: This means that the decision of the lower court is based on a prior ruling of the Louisiana Supreme Court which should be overruled or substantially modified.
The Louisiana Supreme Court is the final interpreter of Louisiana law but they aren't a "source of law" according to the La Civil Code. They may set their own "precedents" which is what this quote seems to be referring to. But that precedent, while carrying significant weight, isn't binding on future cases.
Posted on 10/14/19 at 12:26 pm to Mickey Goldmill
quote:
But that precedent, while carrying significant weight, isn't binding on future cases.
are we in Legal Traditions or an actual courtroom, here?
Posted on 10/14/19 at 12:40 pm to NIH
quote:
Direct action statute being done away with + $15,000 jury threshold + two year SOL seems like a fair deal for both sides.
One major problem with a jury threshold that low is court costs. Trying a jury case in state court rings up court costs of around $10,000. If I’m defending a $15,000 claim, with liability remotely close, a jury doubles the defense risk. This would eliminate trials in the lower dollar claims.
Direct action is actually a good thing which streamlines collection in a covered claim. Getting rid of it just adds cost to the system on the backend of a case.
Neither of these things would lower cost in the system.
Edit: And lengthening tort prescription is the opposite of tort reform.
This post was edited on 10/14/19 at 12:44 pm
Posted on 10/14/19 at 12:50 pm to SlowFlowPro
quote:
are we in Legal Traditions or an actual courtroom, here?
My answer was more for a legal traditions class. Levasseur did a number on me. 
Page 3 of 5
Popular
Back to top
Follow TigerDroppings for LSU Football News