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Started By
Message
re: Tort Reform: Louisiana’s “Jury Threshold “ of $50,000
Posted on 10/14/19 at 12:52 pm to Mickey Goldmill
Posted on 10/14/19 at 12:52 pm to Mickey Goldmill
that's all a charade these days. even appellate courts speak in terms of controlling decisions
there is a reason LASC tries to only take precedent-creating cases (why they rely on circuit conflicts, novel issues, or upsetting current precedent)
there is a reason LASC tries to only take precedent-creating cases (why they rely on circuit conflicts, novel issues, or upsetting current precedent)
1
Posted on 10/14/19 at 1:33 pm to Mickey Goldmill
quote:I assume that he is primarily referencing exemplary damages. We have had limits on them in Texas for several decades, and it does seem to have been effective without gutting the entire tort system.quote:This is so so so dumb.
What we need are caps on non-economic damages.
Posted on 10/14/19 at 1:43 pm to AggieHank86
"I assume that he is primarily referencing exemplary damages. We have had limits on them in Texas for several decades, and it does seem to have been effective without gutting the entire tort system."
If I recall correctly, exemplary damages are rarely allowed in LA--limited to DUI and maybe one or two other scenarios--so no, I was not referring to those. Instead, I'm interested in caps on non-economic damages such as emotional distress and pain & suffering. An example of such caps can be found in Title VII which has caps on "general compensatory" damages (those caps vary depending on size of the employer). Basically, what I am proposing would be a cap on anything outside of things that are susceptible to a calculation. So, lost & future wages, and past & future medicals would not be capped.
If I recall correctly, exemplary damages are rarely allowed in LA--limited to DUI and maybe one or two other scenarios--so no, I was not referring to those. Instead, I'm interested in caps on non-economic damages such as emotional distress and pain & suffering. An example of such caps can be found in Title VII which has caps on "general compensatory" damages (those caps vary depending on size of the employer). Basically, what I am proposing would be a cap on anything outside of things that are susceptible to a calculation. So, lost & future wages, and past & future medicals would not be capped.
Posted on 10/14/19 at 1:44 pm to AggieHank86
quote:
I assume that he is primarily referencing exemplary damages
is this similar to punitive? those are rare and via statute only. the 2 most common are injuries from a drunk driver or sexual molestation
Posted on 10/14/19 at 1:48 pm to SlowFlowPro
quote:Probably 99% of these suits in Texas are filed in the District Courts, which are our courts of general jurisdiction. In the larger counties, the county-level courts have jurisdiction up to $100,000 (may be $250,000 in the very largest now).
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?
You can get a jury in Justice Court (small claims court), if you want one.
Posted on 10/14/19 at 1:52 pm to TBoy
quote:I disagree. We have nothing in Texas RESEMBLING your "jury threshold," but we seem to have MUCH less abusive litigation.
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.
Posted on 10/14/19 at 1:54 pm to SlowFlowPro
quote:Same thing. "Making an example" vs. "punishment."quote:is this similar to punitive? those are rare and via statute only. the 2 most common are injuries from a drunk driver or sexual molestation
exemplary damages
So, it sounds like y'all have bigger problems than us on things like "pain and suffering" and such.
Posted on 10/14/19 at 2:26 pm to AggieHank86
quote:
I disagree. We have nothing in Texas RESEMBLING your "jury threshold," but we seem to have MUCH less abusive litigation.
Ok. How do you handle the court cost situation? In Louisiana costs for the venire are assessed equally against all jury cases on the docket for that week. If there are only a couple cases on the docket about six weeks out when the jury names are generated, they get sacked with at least a thousand or so each in jury costs even if they settle or continue before trial. Continue the case twice in the later stage of the Pretrial Order and your $15,000 case is already way over budget. Then if you have to try the case and the plaintiff only gets an award of $5,000, you will pay double that in jury costs.
Jury cases are very expensive to try. If the threshold is lowered too much, plaintiffs will request a jury just to make the defense of the case economically impossible.
Posted on 10/14/19 at 2:26 pm to SlowFlowPro
Thanks for clearing it up. So the concept of Louisiana's legal system being 100% out of whack from common law states is just BS then? The only major legal area that seems different is your marriage regime, but even then, other states like California are also community property states.
Posted on 10/14/19 at 2:27 pm to AggieHank86
quote:
Second, the conventional wisdom (at least in Texas) is that a judge is less likely than a jury to make an outrageous award.
Unfortunately not the case in a lot of Louisiana court rooms
Posted on 10/14/19 at 2:29 pm to Antonio Moss
quote:
Unfortunately not the case in a lot of Louisiana court rooms
Ahem! **Pineville City Court** Ahem!
This post was edited on 10/14/19 at 2:30 pm
Posted on 10/14/19 at 2:34 pm to N.O. via West-Cal
quote:
So, lost & future wages, and past & future medicals would not be capped.
So the child in the Hot Coffee documentary...will never work the rest of his life. Can't calculate wages since he never worked to begin with. Your cap is eliminating his chance to recover money to support himself after his parents die. And what if new medical issues arise after the case ends but are related to the same original malpractice?
You may think that's ok, but I do not.
Posted on 10/14/19 at 2:34 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.
They quietly pass laws that help them out. For instance the legislative continuance used to be 15 days before and after a session. Now it's 30 due to a bill overwhelmingly passed by both parties a few years ago. You can appeal but only the Louisiana Supreme Court can overturn it. By that time you're better off waiting out the continuance.
Fun shite when you are dealing with a civil case and it takes nearly a year to finally get to court.
Posted on 10/14/19 at 2:41 pm to AggieHank86
Seems to me that that threshold would be where a PIA starts, just so he can get in front of a jury and play the heartstrings of the jurors.
If Texas' tort reform was like Louisiana's then you'd see the highways littered with PIA billboards.
But you don't. And that tells me all I need to know.
If Texas' tort reform was like Louisiana's then you'd see the highways littered with PIA billboards.
But you don't. And that tells me all I need to know.
Posted on 10/14/19 at 2:58 pm to SlowFlowPro
Hello y’all.
I’m licensed in LA and MS. Our circuit court jury threshold is $200 and statute of limitations for negligence is 3 years.
There is no issue with our courts being flooded with lawsuits. Also, With such a lower jury threshold, the risk runs both ways. Juries may ding you with an unnecessarily high verdict from time to time, but they also sometimes see through complete BS claims. I feel like judges in LA always award at least something for pain and suffering and I’ve seen many MS juries award Little in comparison to medical bills blackboarded at trial.
We also have a non-economic damages cap of $1m. That really only comes into play in certain cases though.
I’m licensed in LA and MS. Our circuit court jury threshold is $200 and statute of limitations for negligence is 3 years.
There is no issue with our courts being flooded with lawsuits. Also, With such a lower jury threshold, the risk runs both ways. Juries may ding you with an unnecessarily high verdict from time to time, but they also sometimes see through complete BS claims. I feel like judges in LA always award at least something for pain and suffering and I’ve seen many MS juries award Little in comparison to medical bills blackboarded at trial.
We also have a non-economic damages cap of $1m. That really only comes into play in certain cases though.
This post was edited on 10/14/19 at 3:00 pm
Posted on 10/14/19 at 2:58 pm to Mickey Goldmill
"Can't calculate wages since he never worked to begin with."
Is this really true? Can't you use actuarial tables to arrive at some sort of an average in this sort of scenario? The older the child is and the more of an academic record she has, the more you could make a better guess, but I can't imagine that there isn't a way to make a lost wages claim (there have to be some PI guys in here).
"And what if new medical issues arise after the case ends but are related to the same original malpractice?"
This should be addressed within the medicals portion of the case and should be the subject of estimate testimony justifying a higher award on this basis. Are you suggesting that there should be sky high pain & suffering awards because a plaintiff MIGHT have higher medicals than awarded at trial? I don't see that as "reasoning" at all and would prefer to make an attempt at rough justice--which is all we ever get in PI cases--based on the best evidence the parties can present.
Is this really true? Can't you use actuarial tables to arrive at some sort of an average in this sort of scenario? The older the child is and the more of an academic record she has, the more you could make a better guess, but I can't imagine that there isn't a way to make a lost wages claim (there have to be some PI guys in here).
"And what if new medical issues arise after the case ends but are related to the same original malpractice?"
This should be addressed within the medicals portion of the case and should be the subject of estimate testimony justifying a higher award on this basis. Are you suggesting that there should be sky high pain & suffering awards because a plaintiff MIGHT have higher medicals than awarded at trial? I don't see that as "reasoning" at all and would prefer to make an attempt at rough justice--which is all we ever get in PI cases--based on the best evidence the parties can present.
Posted on 10/14/19 at 3:04 pm to N.O. via West-Cal
quote:
"Can't calculate wages since he never worked to begin with."
Is this really true? Can't you use actuarial tables to arrive at some sort of an average in this sort of scenario? The older the child is and the more of an academic record she has, the more you could make a better guess, but I can't imagine that there isn't a way to make a lost wages claim (there have to be some PI guys in here).
The case i'm referring to was an issue in the womb. There was no education. How can you possibly determine a lost wage claim there? You can't.
quote:
"And what if new medical issues arise after the case ends but are related to the same original malpractice?"
This should be addressed within the medicals portion of the case and should be the subject of estimate testimony justifying a higher award on this basis. Are you suggesting that there should be sky high pain & suffering awards because a plaintiff MIGHT have higher medicals than awarded at trial? I don't see that as "reasoning" at all and would prefer to make an attempt at rough justice--which is all we ever get in PI cases--based on the best evidence the parties can present.
No I'm not saying you give huge amounts for pain and suffering for a remote possibility of future medical costs. But you are saying ZERO for pain and suffering. The people in this med mal case will have to rely on this small sum of money to cover their entire life. The entire family has had their entire life turned upside down forever. And if you want the documentary, the parents are terrified of the level of care their child will get once they pass way.
Yet they don't deserve a dime in pain and suffering? I'm sorry but I cannot disagree with you more.
Posted on 10/14/19 at 3:17 pm to Parmen
quote:
So the concept of Louisiana's legal system being 100% out of whack from common law states is just BS then?
yes
just like other states have adopted "civil" law, too, with their various codes and what not
quote:
The only major legal area that seems different is your marriage regime, but even then, other states like California are also community property states.
divorce/property are different animals in most states
some states require all custody/property to be settled prior to divorce but you can get it done quickly
some states, like LA, allow a divorce before the custody/property is done, you just have to wait the required time (no matter what)
some states are pure community property, some are semi-CP, some are similar to CP in practice but more of an equity thing, etc
Posted on 10/14/19 at 3:37 pm to Mickey Goldmill
"But you are saying ZERO for pain and suffering."
No, and I sure never said that. I'm thinking of a cap for non-economic damages, maybe 500k?
No, and I sure never said that. I'm thinking of a cap for non-economic damages, maybe 500k?
Posted on 10/14/19 at 3:43 pm to TBoy
quote:The County pays all jury fees. District Clerk pays the costs of sending the Jury Summons. I honestly do not know which county kitty pays the jurors' minimal daily compensation. Since we use juries for just about EVERYTHING, they are just considered to be a part of the cost of doing business.
How do you handle the court cost situation?
No direct cost for the litigant other than a nominal jury fee of $40.
This post was edited on 10/14/19 at 3:51 pm
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