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re: Plaintiff attorneys are definitely supporting Jeff Landry

Posted on 8/29/23 at 11:51 am to
Posted by BigJim
Baton Rouge
Member since Jan 2010
14519 posts
Posted on 8/29/23 at 11:51 am to
quote:

I’ve been championing tort reform for years. I played a role in keeping the 2019 bill alive when it nearly died in committee.



Very cool!

Since you know something, what needs to happen next on tort reform? What are the actions that need to happen to really move the needle?



Posted by jammintiger
Member since Feb 2007
582 posts
Posted on 8/29/23 at 12:07 pm to
quote:

No, the tort reform bill started in 2019.


I didn't say he introduced the first tort reform bill. I said the first bill he introduced was about tort reform. In other words, it was a priority of his early on in his career. If the bill didn't pass in 2019, then maybe it needed to be "watered down" in order to get something done. Take what you can and continue the fight.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27972 posts
Posted on 8/29/23 at 12:44 pm to
And Hewitt wants to appoint DIMs
Nelson really only wants that LABI job
And Wags was a covid Nazi, instead of fighting JBE for our freedoms
Wilson is JBE redux


I'll stick with Landry, but thanks for exposing your biases
Posted by Suntiger
BR or somewhere else
Member since Feb 2007
33004 posts
Posted on 8/29/23 at 12:52 pm to
quote:

I’ve been championing tort reform for years. I played a role in keeping the 2019 bill alive when it nearly died in committee.


So you admit that the politicians lied to everyone when they claimed it was an “omnibus” insurance bill?

For the record, I’m not against tort reform. I’m against being lied to.
Posted by Riverside
Member since Jul 2022
2480 posts
Posted on 8/29/23 at 1:30 pm to
We need to revamp many of the efforts from 2020 and go further if you want real tort reform.

-We need to make it an across the board $10,000 demand limit in civil cases for jury trials.

-Reduce the jurisdiction of city courts/parish courts to under $10,000 in all civil cases.

-Allow evidence of attorney payments of medical bills and payments by third party medical funding companies.

-Require that all future medical damages awards be placed in trust accounts with unused funds reverting back to the defendant if not used for future treatment, similar to how claims against the state are handled.

-Eliminate attorneys fee awards in bad faith cases.

These proposals would be a game changer.
Posted by auggie
Opelika, Alabama
Member since Aug 2013
28293 posts
Posted on 8/29/23 at 1:34 pm to
It kind of makes sense. Judging by attorney Billboards, if you lock up the lawyer vote, you automatically have the majority % of the vote.
Posted by NIH
Member since Aug 2008
112799 posts
Posted on 8/29/23 at 1:35 pm to
Some of those are unrealistic and I currently work on the defense and commercial side.

PI attorneys pay the doctors after the case concludes under a letter of protection. The best you could get would be to have those letters discoverable.

“Attorney fees” are not awarded in a PI case unless it’s UM/UIM and it goes to verdict. PI attorneys collect their fees after the case from the settlement or verdict on a contingency basis at usually 33-40%.

Posted by VOR
Member since Apr 2009
63682 posts
Posted on 8/29/23 at 1:36 pm to
That’s one attorney. Landry isn’t particularly popular with the plaintiffs’ bar. He and his family reportedly hire plenty of illegals, though, according to many sources.
Posted by Riverside
Member since Jul 2022
2480 posts
Posted on 8/29/23 at 1:37 pm to
No one lied. It was a good first step at reform. Sadly, the Republicans, like Nelson, quit pushing for more reforms after 2020.
Posted by Riverside
Member since Jul 2022
2480 posts
Posted on 8/29/23 at 1:38 pm to
They are awardable in first party insurance cases. It’s one of the issues that has hurt our homeowners insurance market.
Posted by moneyg
Member since Jun 2006
56780 posts
Posted on 8/29/23 at 1:39 pm to
quote:

Kreg Jennings



You certainly can't be trusted. You've already shown your hand.

Posted by NIH
Member since Aug 2008
112799 posts
Posted on 8/29/23 at 1:40 pm to
If you eliminate attorney’s fees why would the attorney take that case? And how is it different from an attorney collecting in a purely commercial context between two businesses? Seems silly.
Posted by Riverside
Member since Jul 2022
2480 posts
Posted on 8/29/23 at 1:44 pm to
The attorney can still take his/her contingency fee from the aggregate award of damages.
Posted by NIH
Member since Aug 2008
112799 posts
Posted on 8/29/23 at 1:46 pm to
Based off of damages to a home? Yeah, that isn’t going to cut it.

Are you an attorney?
Posted by BigJim
Baton Rouge
Member since Jan 2010
14519 posts
Posted on 8/29/23 at 2:12 pm to
Let me say thanks to both of you. This kind of detailed discussion is helpful even (maybe because?) you disagree.

But let me ask NIH, what would you change if you were in charge?
Posted by Indefatigable
Member since Jan 2019
26772 posts
Posted on 8/29/23 at 2:14 pm to
quote:

Eliminate attorneys fee awards in bad faith cases.


If one party acts in bad faith, why shouldn't that party be forced to pay the costs of the non-BF party?
Posted by boosiebadazz
Member since Feb 2008
80447 posts
Posted on 8/29/23 at 2:28 pm to
quote:

We need to make it an across the board $10,000 demand limit in civil cases for jury trials.


Are Gordon and the mills really churning a high volume of cases within the $10k-$50k range where this is affecting bottom lines?
This post was edited on 8/29/23 at 2:29 pm
Posted by Suntiger
BR or somewhere else
Member since Feb 2007
33004 posts
Posted on 8/29/23 at 2:49 pm to
quote:

No one lied. It was a good first step at reform. Sadly, the Republicans, like Nelson, quit pushing for more reforms after 2020.


They absolutely lied. They said it was an insurance bill and not a tort reform bill. They said it would reduce car insurance. Neither was true.

If you want tort reform, fine. Just don’t lie and say it’s something it’s not.
Posted by pbro62
Baton Rouge
Member since May 2016
11509 posts
Posted on 8/29/23 at 2:58 pm to
You look elsewhere then and the rest will get Landry in.
Posted by NIH
Member since Aug 2008
112799 posts
Posted on 8/29/23 at 4:23 pm to
Take away the direct action statute. Existence of Insurance should not be relevant to a jury’s decision to award damages.

Lower district court pleading barrier to $10,000.00.

Make LOP agreements discoverable if parties are seeking medical bills as damages.
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