Tort Reform Louisiana House Bill 57
(JANUARY 19, 2021) - On January 1, 2021, Louisiana’s Tort Reform legislation which was signed into law by Governor John Bell Edwards, went into effect and applies to causes of action arising after that date. The new laws cover the following topics:
1) Lowering the jury verdict threshold to $10,000
2) Excluding the existence of insurance coverage from the jury
3) Limiting medical expenses to the amount actually paid with the court awarding the claimant 40% of the difference between the amount billed and the amount paid provided the award is not unreasonable
4) Repealing the statute that prevented evidence of plaintiff’s failure to wear a seat belt to prove comparative fault
Jury Trials:
Previously a jury trial was only authorized when the amount in controversy exceeded $50,000. The new law reduces the threshold for a jury trial to $10,000. Under the new law if a plaintiff stipulates or otherwise judicially admits that the amount in controversy exceeds $10,000 but is less than $50,000, a party requesting a jury trial must provide a cash deposit in the amount of $5,000. Previously the jury bond was fixed by the court and due no later than 60 days prior to trial. Exceptions may need to be filed prior to answering to determine the amount in controversy where the petition does not specify that the amount in controversy exceeds $10,000 but is less than $50,000.
Evidence of Liability Insurance:
The new law provides that the existence of insurance coverage shall not be communicated to the jury. The law retains the prior language that although a policy of insurance may be admissible, the amount of coverage under the policy is not communicated to the jury unless the amount of coverage is a disputed issue for the jury to decide. There are three exceptions to the new law prohibiting evidence of the existence of a liability insurance policy: 1) if there is a factual dispute related to coverage for the jury to decide; 2) if the existence of insurance coverage would be admissible to attack witness credibility; or 3) if the cause of action is brought against the insurer alone under the direct action statue or bad faith is alleged. However, even under the new law, in all cases brought against an insurer the court shall read instructions to the jury that there is insurance coverage for the damages claimed by the plaintiff at the opening and closing of the trial.
Past medical expenses (collateral source):
The new law provides that where a claimant’s medical expenses have been paid, in whole or in part, by a health insurer or Medicare, the claimant’s recovery of medical expenses is limited to the amount actually paid or owed by the claimant and not the amount billed. However, the court must award 40% of the difference between the amount billed and the amount actually paid, unless the defendant proves this would make the award unreasonable.
The limitation to the amounts paid includes any amounts remaining owed to a medical provider, including medical expenses secured by a contractual or statutory privilege, lien, or guarantee.
In a jury trial, the plaintiff can still present evidence of the amounts billed and only after a verdict is rendered can a defendant present evidence to limit the recovery pursuant to the new law. During the trial the jury is only informed of the amount billed. Whether any person, health insurer, or Medicare has paid or agreed to pay in whole or in part any of the medical expenses is not disclosed to the jury.
The new law codifies the Louisiana Supreme Court’s decision in Bozeman v. State, 879 So.2d 69 (La. 7/2/04) and states that in cases where medical expenses were paid by Medicaid, recovery is limited to the amount actually paid to the provider by
Medicaid.
The new law also codifies the Louisiana Supreme Court’s decision in Simmons v. Cornerstone Investments, LLC, 252 So.3d 491 (La. 5/8/19) and states that in cases where medical expenses were paid pursuant to Louisiana Worker’s Compensation Law, recover is limited to the amount paid under the medical payment fee schedule.
Seat Belt:
Prior law provided that the failure to wear a seat belt was not admissible to mitigate damages. This section has been repealed and allows for the admission of evidence of the failure to wear a seat belt.
Our firm participated in meetings with state Senators, presented topics at the Property and Casualty Insurance Committee meetings in Baton Rouge, LA, and drafted some of the proposed legislation. This is a positive step forward in a lengthy and ongoing process of tort reform measures in Louisiana which we hope to continue to progress through our efforts. – (Perrier Lacoste Attorneys at Law) |
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Righi Fitch Law Group Is Excited To Announce The Addition Of Shawn Cummings To Our Trial Lawyer Team
(JANUARY 20, 2021) - Righi Fitch Law Group is excited to announce the addition of Shawn Cummings to our trial lawyer team. Shawn will be working at our New Mexico location. Shawn's New Mexico roots run deep, with a family history in New Mexico over several generations, well before New Mexico was even a state.
Righi Fitch Law Group is excited to announce the addition of Shawn Cummings to our trial lawyer team. Shawn will be working at our New Mexico location. Shawn's New Mexico roots run deep, with a family history in New Mexico over several generations, well before New Mexico was even a state.
In Shawn's spare time, he enjoys spending time with his two sons at their collective sporting events and is also an avid runner. He has participated in both marathons and ultra-marathons throughout the country in places such as Boston, Seattle, Phoenix, El Paso, San Francisco, Las Vegas, Salt Lake City, Valles Caldera, and Albuquerque.
Shawn is excited to join the firm and its ranks of seasoned trial lawyers. He joined the Righi Fitch team because of the firm's strong reputation for trial work and their innovative approach to resolving cases.
We are excited to have Shawn on board with our team and we look forward to watching excel with our firm.
Please contact Beth Fitch at 602) 385-6782 or Rick Righi at (602) 385-6780, Founding Partners for Righi Fitch Law Group, if you have any questions or concerns. – (Righi Fitch Law Group) |
New Associate Gary D. Baker, Jr. Joins Gallagher Sharp LLP
(JANUARY 20, 2021) - The law firm of Gallagher Sharp LLP is pleased to announce that Gary D. Baker, Jr., has joined the firm as an Associate.
Mr. Baker is a member of firm’s Business & Employment and Product Liability Practice Groups. He focuses on representing state fund and self-insured employers before the Industrial Commission of Ohio in workers’ compensation matters. He also defends manufacturers against claims alleging product liability. Gary is a former Law Clerk with the Cleveland Metropolitan Bar Association’s Certified Grievance Committee.
Mr. Baker received his law degree, cum laude, from Cleveland-Marshall College of Law in 2020, where he participated on the Mock Trial Team and served as Corresponding Secretary for the Black Law Student Association. He received his undergraduate degree from Case Western Reserve University in 2017. Mr. Baker is a member of the Ohio State and Cleveland Metropolitan Bar Associations.
Gallagher Sharp is a trial and business practice firm focused on the defense of civil claims and lawsuits for corporations, insurance companies and their policyholders. The firm's areas of experience include general litigation, business and employment, insurance, transportation, professional liability, product liability, mass torts, and appellate law. Founded in 1912, the firm’s main office is located at 1215 Superior Avenue, 7th Floor, and has offices in Columbus, Toledo, and Detroit, Michigan.
For further information, please contact Jeanne Kostelnik, Director of Client Services, at 216-522-1082. – (Gallagher Sharp LLP) |
New Associate Randa E. Payne Joins Gallagher Sharp LLP
(JANUARY 20, 2021) - The law firm of Gallagher Sharp LLP is pleased to announce that Randa E. Payne has joined the firm as an Associate.
Ms. Payne is a member of Gallagher Sharp’s Business & Employment, Professional Liability, and Transportation Practice Groups. She defends employers in management liability suits and lawyers against malpractice claims. She also represents members of the trucking industry in personal injury, property damage, as well as wrongful death claims arising from commercial motor vehicle accidents.
Ms. Payne received her law degree, cum laude, from Case Western Reserve University School of Law in 2020. She received her undergraduate degree, summa cum laude, from Ursuline College in 2017, where she participated in NCAA Division II Basketball. Ms Payne was a Judicial Extern for the Hon. Eileen T. Gallagher, Court of Appeals, Eighth Appellate District, a Senior Research Assistant/Writer for Baldwin’s Ohio Practice: Tort Law, and a Student Practitioner for the Milton A. Kramer Criminal Defense Clinic. She is a member of the Ohio State and Cleveland Metropolitan Bar Associations.
Gallagher Sharp is a trial and business practice firm focused on the defense of civil claims and lawsuits for corporations, insurance companies and their policyholders. The firm's areas of experience include general litigation, business and employment, insurance, transportation, professional liability, product liability, mass torts, and appellate law. Founded in 1912, the firm’s main office is located at 1215 Superior Avenue, 7th Floor, and has offices in Columbus, Toledo, and Detroit, Michigan.
For further information, please contact Jeanne Kostelnik, Director of Client Services, at 216-522-1082. – (Gallagher Sharp LLP) |
New Associate Rachel Coles Joins Gallagher Sharp LLP
(NOVEMBER 17, 2020) – The law firm of Gallagher Sharp LLP is pleased to announce that Rachel L. Coles has joined the firm as an Associate.
Ms. Coles is a member of Gallagher Sharp’s General Litigation and Professional Liability Practice Groups. She defends attorneys in legal malpractice litigation, and businesses, insurance carriers, and individuals against claims alleging personal injury, property damage, occupational injury, and wrongful death. Her experience includes auto accidents, premises liability, government and public entity liability, professional liability, and other tort litigation.
Ms. Coles received her law degree, summa cum laude, from The University of Akron School of Law, where she served as Executive Editor of Production of AkronLaw Review. She received her undergraduate degree, summa cum laude, from West Liberty University. She is a member of the Ohio State and Cleveland Metropolitan Bar Associations.
Gallagher Sharp is a trial and business practice firm focused on the defense of civil claims and lawsuits for corporations, insurance companies and their policyholders. The firm's areas of experience include general litigation, business and employment, insurance, transportation, professional liability, product liability, mass torts, and appellate law. Founded in 1912, the firm’s main office is located at 1215 Superior Avenue, 17th Floor, and has offices in Columbus, Toledo, and Detroit, Michigan.
For further information, please contact Jeanne Kostelnik, Director of Client Services, at 216-522-1082. - (Gallagher Sharp LLP) |
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