BRIGGS: LOUISIANA NEEDS LEGAL REFORM

In the past few months, like all of us, our state’s businesses have been forced to confront the uncertainties of a pandemic and a public health emergency, as well as an unprecedented economic crisis. It’s abundantly clear that we’re facing an enormous challenge, if you look at the data, you see that Louisiana’s unemployment is at the highest since the Great Depression, with massive retractions in the hospitality and oil & gas industries, two of the largest sectors of our state’s economy.

It is also clear that if we don’t also break down the persistent barriers to business growth, our state’s economy will not fully recover. We have to embrace new ideas and solutions to get Louisiana working again. We’ve heard talk from some politicians that all the Legislature needs to do is pass a budget and go home. They couldn’t be more wrong. Simply doing the bare minimum is not enough.

Read more: LOUISIANA NEEDS LEGAL REFORM

State's tort laws encourage litigation, Independent Insurance Agents & Brokers of Louisiana says

Photo source: www.law.com

BATON ROUGE – Jeff Albright, CEO of Independent Insurance Agents & Brokers of Louisiana, believes auto insurance premiums in Louisiana are among the highest in the country because there are double the amount of claims in Louisiana than any other state.

"The reason for our high insurance premiums in Louisiana is very clear," Albright said. "We claim that we are injured in car accidents twice as often as the national average. If we make twice as many claims we will pay more for insurance."

Read more: State's tort laws encourage litigation, Independent Insurance Agents & Brokers of Louisiana says

Grow Louisiana Coalition: Louisiana’s Legal Climate is a “Judicial Hellhole”

Grow Louisiana Coalition has come out with a series of videos highlighting issues that the energy industry faces here in Louisiana. The first of the UnTapped videos highlights the “judicial hellhole” that is the Pelican State.

LLAW: Excessive civil tort costs take a toll on Louisiana’s taxpayers and economy

Excessive civil tort costs take a toll on Louisiana’s taxpayers and economy

New data shows lost jobs and revenue in state’s major metropolitan areas

Baton Rouge, LA — Following the start of the legislative session this week, Louisiana Lawsuit Abuse Watch released data measuring the impact of excessive civil court costs on the state’s economy in the New Orleans, Baton Rouge, Shreveport and Lafayette Metropolitan Statistical Areas. These local impacts were derived from a statewide study conducted by The Perryman Group for Citizens Against Lawsuit Abuse last fall using extensive survey data, industry information and a variety of corroborative source material. The results are clear – Louisiana continues to lose jobs and revenue because of the state’s civil justice system.

• In the Greater New Orleans area, excessive tort litigation costs residents $512 million in personal income annually and results in a loss of 7,034 jobs each year. Excessive costs result in an annual “tort tax” amounting to about $647 per person. Direct costs absorbed by residents and businesses amount to nearly $487 million annually and more than $832 million in gross product is lost due to litigation costs.

• The Capital Region is also paying the price for excessive civil litigation, with residents losing more than $170 million annually in personal income. Additionally, 2,976 jobs are lost every year and residents pay an annual “tort tax” of about $349 per person. Residents and businesses also absorb $206 million in direct costs annually and $296 million is lost in annual gross product due to tort costs.

• Excessive litigation costs Acadiana area residents nearly $92 million in personal income each year, as well as an annual “tort tax” of about $276 per person. Each year, 1,659 jobs are lost. Nearly $115 million in direct costs is absorbed annually by residents and businesses. Tort costs result in nearly $137 million in lost gross product annually.

• In Northwest Louisiana, Shreveport-Bossier residents miss out on more than $48 million in personal income annually as a result of lawsuit abuse. These excessive costs result in an annual “tort tax” of about $177 per person and every year 881 jobs are lost. Direct costs absorbed by residents and businesses amount to $61 million annually and a loss of more than $77 million in annual gross product.

“This new data demonstrates the devastating impact of lawsuit abuse on the four largest MSAs in Louisiana, making the case for civil justice reform as a statewide priority. Frivolous lawsuits and exorbitant plaintiff awards impact all sectors of our economy and hurt Louisiana families, forcing costs to be passed down through higher prices for goods and services,” said LLAW Executive Director Lana Venable. “Legislation has been filed to address lawsuit abuse, including instruments dealing with trial lawyer advertising, jury trial threshold and admissibility of seat belt use in court.”

As the statewide study last fall found, the total current impact of excessive tort costs on the Louisiana economy amounts to estimated losses of $1.1 billion in annual direct costs and $1.5 billion in output (gross product) annually. About 15,556 jobs are lost when changes in the economic system over time are considered. All major industry groups are negatively impacted, with retail trade, business services, health services and other service industries showing the greatest losses. As of 2018, yearly fiscal losses are estimated at $76.4 million in state revenues and $64.3 million to local governments. These effects are based on the current size of the state’s population and economy and can be expected to rise over time in the absence of meaningful civil justice reforms.

“From increasing local involvement in coastal lawsuits to Louisiana’s disproportionate number of auto injury claims, our culture of excessive lawsuits continues to be a drain on Louisiana’s residents and economy,” said Louisiana Coalition for Common Sense Executive Director Jim Harris. “Louisiana currently has the highest insurance rates in the country.”

According to the report, “tort reform can lead to substantial economic benefits, and states that have implemented reforms have seen improved judicial efficiency and measurable advancement in economic performance.” Civil justice reforms that have resulted in the greatest reduction in losses are those aimed at reducing frivolous lawsuits, capping appeal bonds, setting negligence standards and limiting non-economic damages. These reforms have been shown to enhance innovation and increase productivity, as well as to improve judicial efficiency and economic performance.

Louisiana was ranked 50th in the US Chamber Institute for Legal Reform’s 2017 Lawsuit Abuse Climate Survey, which measures the reasonability and balance of each states’ tort liability systems. Louisiana also moved up three spots from number eight to number five in the 2018-19 Judicial Hellholes Report issued by the American Tort Reform Foundation and received an “F” Grade on the 2018 R Street Policy Insurance Regulation Report Card.

See accompanying breakdowns for Lafayette, Baton Rouge, New Orleans and Shreveport.

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About Louisiana Lawsuit Abuse Watch (LLAW)

Louisiana Lawsuit Abuse Watch (LLAW) is a high-impact watchdog group with nearly 20,000 supporters across the state dedicated to fixing Louisiana’s broken legal system through transparency, accountability and lawsuit reform. Visit us on Facebook, Twitter (@ReformLouisiana) and www.llaw.org. About the Louisiana Coalition for Common Sense (LCCS) The Louisiana Coalition for Common Sense (LCCS) is a group of professional associations, companies and individuals committed to ensuring a fair legal climate for both truly impaired individuals and small and large businesses operating in Louisiana.

About The Perryman Group (TPG)

An economic and financial analysis firm, The Perryman Group (TPG provides clients with well-documented, carefully considered answers to even the most complex questions. For more than 30 years, The Perryman Group has met the challenges of thousands of clients through a systematic approach and a level of performance that assures a consistent standard of excellence. The firm has been involved in scores of major events shaping the economic landscape, from crucial corporate locations to landmark legislation to important regulatory policies to notable judicial decisions.

LOGA and LMOGA Decry City of New Orleans’ Coastal Lawsuit Filing

BATON ROUGE, LA (March 29, 2019) — The Louisiana Oil and Gas Association (LOGA) and the Louisiana Mid-Continent Oil and Gas Association (LMOGA) issued the following statements in response to the City of New Orleans filling a Coastal Management Zone lawsuit against a multitude of oil and gas companies.  

“It is unfortunate to see the City of New Orleans bow to the administration’s pressure for more self-serving lawsuits,” said Gifford Briggs, President of the Louisiana Oil & Gas Association. “These lawsuits are nothing more than a trial lawyer’s version of Hadacol; they promise snake oil to heal all your ailments, but do nothing other than line the peddlers’ pockets. Ever since the first parish lawsuit was filed, the lawyers have promised a pot of gold to every local government across coastal Louisiana. Seven years later nothing has happened to protect Louisiana’s coast. There is no reason why Louisiana should be outsourcing the protection of its coast to a few lawyers whose only interest is in padding their bank accounts. It is long past time for the administration and local leaders to abandon this sue-first app road and start working with the oil and natural gas industry toward real solutions that will actually help our environment and our economy.”

“With the filing of this lawsuit, the City of New Orleans sends a message to oil and gas they’re closed for business. Tyler Gray, President of the Louisiana Mid-Continent Oil and Gas Association. Unnecessary legal tactics threaten the community investment and cultural support the industry has provided for over a century, which they can now potentially lose, as they wait for several years, as other parishes in the state have, for this to work its way through the judicial process. LMOGA vehemently disagrees with the decision to outsource responsibility for enforcing state and local permitting laws to private lawyers. With this decision, New Orleans disregards our environmental stewardship, relying on profit motivated lawsuits to make a quick buck.”

LOGA: Lawyers in Louisiana are Robbing Louisiana Taxpayers

Photo source: Louisiana Record

Gifford Briggs, president of the Louisiana Oil and Gas Association (LOGA), recently discussed the litigation crisis in Louisiana and what needs to be done to remedy the problem.

"The data is clear. Excessive and unnecessary litigation is robbing Louisiana taxpayers blind and diminishing economic growth throughout the state," Briggs told the Louisiana Record. "Nowhere are the effects more evident than in south Louisiana."

Read more:  Louisiana Oil and Gas Association says legal climate in state is 'robbing taxpayers'

VENABLE: Opinion/Editorial - In Response to 2018-19 Judicial Hellholes Report Release on Dec. 4

Photo source: Facebook  

For the ninth consecutive year, Louisiana has been named one of the nation’s Judicial Hellholes® by the American Tort Reform Foundation. The organization’s annual report spotlights the worst legal climates in the country. This year, Louisiana moved up three spots in the rankings from number eight to five. Why is it the Pelican State seems to come in near the top of every “bad” list and lands near the bottom when it comes to the “good?”

The 2018-19 report highlights the state’s hiring of contingency-fee lawyers to target energy companies and the legislature’s failure to address lawsuit abuse as key factors in Louisiana’s reputation as a “judicial hellhole.”  Louisiana was also among the top 10 states for lawsuits in federal court this year claiming small businesses are violating the American with Disabilities Act. Additionally, the state’s excessive direct tort costs amounted to $1.1 billion and resulted in a loss of more than 15,000 permanent jobs in 2018.

Louisiana’s notoriety as a “judicial hellhole” should come as no surprise. Lawsuit abuse affects everyone. Consumers pay the price in increased costs for goods and services. For example, Louisiana is the second most expensive state for auto insurance, where premiums have increased significantly for four consecutive years. In 2017, the annual average premium was $1,921 in Louisiana compared to the national average of $1,427 New Orleans is the second most expensive city to insure a vehicle in the country, and Baton Rouge isn’t far behind at number five.

The number of auto accidents and claims in Louisiana is generally consistent with the other states, but bodily injury claims are nearly twice the national average. Many Louisiana drivers are uninsured or underinsured, which encourages turning to the court system for larger accident payouts. As a result, Louisianans are forced to pay much higher premiums.

The Judicial Hellholes® report also criticizes state lawmakers’ failure to pass legislation this year that would have made evidence a person was not wearing a seatbelt at the time of an accident admissible in court. Current law does not allow this essential information to be considered when determining damage awards. This is only one example of the common-sense solutions to fight lawsuit abuse that would help make auto insurance more affordable for hardworking families.

In addition, Louisiana also has the nation’s highest jury trial threshold. Civil cases with claims valued at less than $50,000 are tried by judges, not a jury. Thirty-six states have no jury trial threshold, and of those that do, the amount is considerably lower.

Let’s hope the Louisiana Legislature can implement these and other legal reforms next year and break the state’s streak as a “judicial hellhole” before it hits the decade mark.

Lana Sonnier Venable

Executive Director

Louisiana Lawsuit Abuse Watch (LLAW)

AMERICAN TORT REFORM: Louisiana Named No. 5 Judicial Hellhole in the Country

Governor Edwards’ litigious attacks against oil and gas industry contribute to poor legal climate

Photo source: Judicial Hellholes

Dec. 4, 2018 (WASHINGTON) – Today, the American Tort Reform Foundation released its annual Judicial Hellholes report and named Louisiana as the No. 5 Judicial Hellhole in the country.

Louisiana earned its way into the Top 5 through the state’s hiring of contingency-fee lawyers to target energy companies and the legislature’s failure to address lawsuit abuse.

Louisiana Governor John Bel Edwards, a former trial lawyer, came into office and quickly hired campaign donors and trial lawyer colleagues to represent the state in more than 40 lawsuits against energy companies. Governor Edwards filed the lawsuits after the companies would not comply with his ultimatum demanding that they spend billions of dollars restoring the eroding coastline of the Pelican State.

“The evidence that oil and gas exploration is solely to blame for coastal erosion simply does not exist,” American Tort Reform Association President Tiger Joyce said. “These lawsuits have done nothing to solve the issue but instead only created unnecessary job loss for Louisianans.”

Louisiana posted the worst economic performance in the country in 2017 according to the federal Bureau of Economic Analysis, and was one of just three states in which the economy shrank.

Governor Edwards is not the only Louisianan needlessly filing lawsuits. The state also is a hotbed for lawsuits claiming small businesses are in violation of the Americans with Disabilities Act. The claims often involve serial plaintiffs and are filed without giving notice to the business owner, denying them the opportunity to address the issue outside of court.

“Lawsuits like these against small mom-and-pop businesses are wrong,” Joyce said. “These are folks who don’t have access to full-fledged corporate legal teams. They are good people who want to serve their customers, but instead, trial lawyers are taking them to court and putting small business owners through the ringer.”

As of June, Louisiana was among the Top 10 states for these types of lawsuits in federal court in 2018. The problems don’t end with frivolous lawsuits – Louisiana also has the second-most expensive auto insurance rates in the country. Fifty-five percent of Louisianans drive uninsured or underinsured, encouraging drivers to turn to the courts for larger payouts when accidents occur. Trial lawyers then work behind the scenes to drive up payout costs on even the most minor fender benders, which then forces the insurance companies to increase rates year after year.

Louisiana’s legislature had the opportunity to pass legislation addressing these litigation abuses, which would have made evidence that a person was not wearing a seatbelt at the time of an accident admissible in court. The current law in Louisiana does not allow the jury to consider this evidence when determining damage awards. The bill passed the House but died in the Senate.

“Louisiana finds itself in a bad cycle of trial lawyers driving up insurance costs, drivers then being unable to afford the necessary auto insurance, and then going to court to seek payouts,” Joyce said. “Revisiting and passing this commonsense piece of legislation would be a step in the right direction to address Louisiana’s high insurance rates and help make auto insurance more affordable for hardworking Louisianans.”

A recent report states that excessive tort costs in Louisiana resulted in a loss of more than 15,000 permanent jobs as of 2018 in addition to $1.1 billion in annual direct costs.

The full ranking of the nation’s Judicial Hellholes are:

1. California

2. Florida

3. New York City

4. St. Louis

5. Louisiana

6. Philadelphia Court of Common Pleas

7. New Jersey Legislature

8. Madison and St. Clair Counties, Ill.

9. Twin Cities, Minn.

To view the full report and read further updates throughout the year, visit JudicialHellholes.org.

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About the American Tort Reform Association (ATRA): The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level. The American Tort Reform Foundation is a sister organization dedicated primarily to research and public education.

COASTAL LAWSUITS MOVING STATE IN WRONG DIRECTION, LOUISIANA LAWSUIT ABUSE WATCH SAYS

Photo source: Cajun Conservatism

 “These kind of lawsuits will only continue to move Louisiana in the wrong direction and further weaken the state’s struggling economy, which has lost thousands of jobs and major manufacturing projects in recent years,” Venable said.

Read more:  COASTAL LAWSUITS MOVING STATE IN WRONG DIRECTION, LOUISIANA LAWSUIT ABUSE WATCH SAYS

LABI: National Report: Households in Louisiana Forced to Pay Some of the Highest Lawsuit Costs in the U.S.

FOR IMMEDIATE RELEASE: Baton Rouge (Oct. 24, 2018) – Today, the U.S. Chamber of Commerce Institute for Legal Reform (ILR) released a study that reveals the total cost of the U.S. tort system is staggering. The ILR report, Costs and Compensation of the U.S. Tort System, estimates the total cost of tort litigation in each state, totaling $429 billion nationwide in 2016.

Closer to home, the cost of lawsuits in Louisiana are among the highest of any state. Families and businesses in Louisiana were forced to pay nearly $7 billion in expenses related to tort litigation in 2016 - equivalent to more than $4,000 for every Louisiana household. The impact on the Louisiana economy ranks among the top five states in the nation, as litigation costs equate to almost three percent of the state’s GDP.

The ILR report further shows the largest share of Louisiana’s tort costs are a result of automobile accident cases, ringing in at almost $3.4 billion in 2016. Year after year, the Louisiana Association of Business and Industry (LABI) has supported a series of reform bills in the Louisiana Legislature to address this issue and bring costs down for Louisiana businesses and families but faces strong opposition from allies of an entrenched trial bar.

Today, LABI president and CEO Stephen Waguespack joined ILR in Washington for the launch of the report, speaking on a morning panel at the 2018 Legal Reform Summit. The experts took a deep dive into the cost of tort litigation for the average American family and how Louisiana shapes up compared to the rest of the country. Joining Waguespack on the panel was Paul Hinton, Principal of the Battle Group. The panelists were interviewed by Connie Lewis Lensing, Senior Vice President of the Legal Department at FedEx.

“On the heels of yet another negative report, we are staying focused on solutions,” stated LABI president and CEO Stephen Waguespack. “The costs of lawsuits profoundly impacts the ability of Louisiana employers to create jobs and for workers to keep more of their own hard-earned money. Reform to Louisiana’s legal system is a top priority going into next year’s important state election cycle.”

Waguespack continued, “Louisiana must take the opportunity to learn from this latest report. Not just about how our state can be stronger, but what these costs mean for Louisiana wallets and what other states are doing in this arena to ensure plaintiffs have access to a fair system without penalizing all businesses and households. The reality is that lawsuits are not just a technical issue that dies in the state legislature every year; this is a real-world problem that our businesses and families are fighting every day.”

Earlier this year, the ILR ranked Louisiana 51st in the country behind the District of Columbia for the worst legal climate in the nation. The new ILR report focuses specifically on the cost of torts paid in the U.S. tort system, using data on liability insurance premiums and estimates of the liability exposure of businesses and individuals that are uninsured or self-insured.

To read the report, click below:

Costs and Compensation the U.S. Tort System:https://www.instituteforlegalreform.com/research/2018-costs-and-compensation-of-the-us-tort-system

 About the Louisiana Association of Business and Industry

The Louisiana Association of Business and Industry was organized in 1975 to represent Louisiana businesses, serving as both the state chamber of commerce and state manufacturers association. LABI’s primary goal is to foster a climate for economic growth by championing the principles of the free enterprise system and representing the general interest of the business community through active involvement in the political, legislative, judicial and regulatory processes. Find out more information at http://www.labi.org 

Sportsman’s Paradise Under Attack

Photo source: Faces of Lawsuit Abuse

This video highlights the damaging effects of unfounded coastal erosion lawsuits on citizens who live – and make their living – along our Louisiana waterways. Our Sportsman’s Paradise is under attack by the  trial lawyers pursuing  these lawsuits. Almost anyone is a target – from fishermen and boat operators to landowners. These suits have prompted many of private landowners to cut off public access to waterways and channels over fear of litigation. Earlier this year, a bill that would have opened up closed waters for public access and navigation failed in the Legislature, and the largest fishing organization in the world announced it would no longer host Bassmaster tournaments here.  

Enough is enough. We must defend our way of life in Louisiana.

Read more: Sportsman’s Paradise under attack

​VENABLE: Lawsuit Abuse in Louisiana: Time to Turn Up the Heat

Photo source/ Facebook  

By Lana Venable, Louisiana Lawsuit Abuse Watch Executive Director

Some things never change – it’s been another long, hot summer in Louisiana, and aggressive plaintiff’s attorneys continue to pull out all the stops to advance what has become a cottage industry – unfounded lawsuits. A seemingly endless array of billboards along Louisiana roadways introduce drivers to many of the state’s trial lawyers, promising quick cash to sue and quickly settle accident claims. 

From abusive litigation that impacts consumers to plaintiff-friendly judges handing out large payouts, Louisiana has earned a longstanding reputation as one of the most litigious states in the country. It should come as no surprise that the Pelican State has consistently garnered one of the top spots in the American Tort Reform Foundation’s annual Judicial Hellholes Report.

Unfounded lawsuits hurt businesses, both large and small, while generating exorbitant fees for attorneys. But many people don’t connect that these contingent fees and large plaintiff awards drive up the cost of doing business. Consequently, we customers are at the lower end of the stick are paying the price with drastic increases in prices for products and services.

Our state is home to a prime example – the high cost of auto insurance. Last year, Louisianans paid the second-highest auto insurance rates in the U.S., with an annual average premium of around $1,920. Most Louisiana drivers are uninsured or underinsured, which encourages drivers involved in accidents to sue. To compensate for this onslaught of lawsuits, Louisianans who do carry insurance are forced to pay higher premiums. Not only are drivers feeling the effects, but insurers are as well – several companies have left Louisiana over the past two years due to the unprofitability of the auto insurance industry.

Auto lawsuit abuse affects everyone in this state. On top of that, Louisiana has also earned the distinction of having the nation’s highest jury trial threshold, while 36 states have no threshold at all.  Put simply, this means that Louisiana civil cases valued at less than $50,000 are tried without benefit of a jury. In these cases, a judge, rather than a jury, determines a verdict. This simply gives plaintiff-friendly local judges too much power over lawsuit outcomes. Perhaps it is no coincidence that 53 percent of claims in Louisiana are under $50,000, allowing trial lawyers to go “judge shopping” for favorable venues and denying many citizens their fundamental right to a trial before a jury. A settlement is often agreed to without risk of going to court. 

Another area of concern is the rising number of claims targeting small businesses for minor violations of the Americans with Disabilities Act. Data from 2016 shows the filing of disability-access complaints in Louisiana has increased more than 360 percent from 2011 – 2016.  Money-seeking plaintiffs typically target local and state governments, shopping centers and other small businesses and file claims without giving notice to the defendants. The businesses of Louisiana towns do not have a chance or the opportunity to resolve the slight issue and instead are faced with the high cost of defending themselves against frivolous lawsuits. In many areas, this trend has forced many small business owners to close shop. This shameful approach violates the spirit in which this important statute was written.

These are just a few examples of how deeply our legal climate is flawed. This state should look to improve these policies to drive down costs for consumers and businesses and contribute to the its overall economic health.

As a first step, it’s not too early to begin thinking about the historic turnover in the Legislature next year, with more than a third of the current body term-limited. LLAW urges concerned citizens to get engaged in the process to reform our legal climate and use your votes to turn up the heat in 2019.

Louisiana Lawsuit Abuse Watch Names Lana Sonnier Venable as Executive Director

Baton Rouge, LA — Louisiana Lawsuit Abuse Watch (LLAW) has announced that Lana Sonnier Venable will become its next Executive Director. LLAW is a local non-partisan, nonprofit, citizen watchdog group dedicated to stopping lawsuit abuse that hurts Louisiana’s families and threatens local businesses and jobs. Venable will be responsible for conducting campaigns to raise awareness about the costs and consequences of lawsuit abuse and helping pass legislation to improve the state’s legal climate.

A veteran public affairs professional, Venable is an LSU graduate bringing 25 years of experience to LLAW, most recently as ExxonMobil public and government affairs advisor in Baton Rouge. During her 11 years in this role, she worked in in the areas of media relations, community outreach, government relations and issues management. Her previous experience includes serving as Louisiana Economic Development Press Secretary following Hurricane Katrina, as well as government relations roles with American Cancer Society and American Heart Association. She also held positions in the non-profit sector in Washington, D.C. and Atlanta.

Venable replaces Melissa Landry, who has led the organization since 2009.

“Lana is a strategic thinker and skilled communicator with a proven track record of cultivating effective relationships with community and business leaders, as well as policy makers. I cannot think of a better person to take over and lead LLAW at this critical time,” said Landry, who is returning to the private sector.

“I believe in LLAW’s mission and look forward to engaging with stakeholders at all levels to continue the progress made toward meaningful tort reform in Louisiana. Our state’s future depends on our ability to retain and attract diverse employers that provide opportunities for all Louisianans and grow our economy. The trial bar should not be a cottage industry in Louisiana,” said Venable.

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About Louisiana Lawsuit Abuse Watch:

Louisiana Lawsuit Abuse Watch (LLAW) is a high-impact watchdog group with nearly 20,000 supporters across the state dedicated to fixing Louisiana’s broken legal system through transparency, accountability and lawsuit reform. Learn more at www.llaw.org.

More Consequences of Honor Code’s Lawsuits

Photo source: Twitter

As we’ve reported on quite a bit, Gov. Honor Code and his trial attorney band of brothers have had a vendetta against the oil and gas industry in this state, being bound and determined to milk this vital life blood in this state to the last drop.  

Now, the latest to turn away from the Pelican State because of our legal atmosphere is the Bassmaster fishing tournament, which contributes millions in revenue.  

 “For the foreseeable future, we can’t have a level playing field there because of the access problems,” said BASS Conservation Director Gene Gilliland. “Louisiana just has some very peculiar laws that don’t mesh well with tournaments and that are going to deter a lot of recreational fishermen as well. Who knows how much they’ll lose?”

But, if you listen to the mainstream media here in Louisiana, what we have is a moderate Democrat leading this state.  

Don’t blame me though. I voted for Vitter. 

Read more:  Bassmaster tournaments seek calmer waters as La. trial lawyers spoil ‘sportsmen’s paradise’

JBE and His Trial Lawyer Buddies At Work

Photo source: Twitter

Don’t blame me. I voted for Vitter. 

Here is the latest in John Bel Edwards’ and his cronies scheme to milk the oil and gas industry for billions.  

But shakedowns aren't usually grounded in compelling evidence, and Louisiana appears to view liberal New York City and San Francisco as models to follow. A network of trial lawyers recently filed 42 lawsuits for six parishes alleging oil and gas companies are responsible for the state's coastal erosion and seeking damages.

Read more:  Louisiana Follows Liberal New York City's Lead In Going After Oil Companies

Louisiana Ranks High in "Judicial Hellhole" Report

“Rounding out the latest Hellholes list is #8 Louisiana,” Joyce reported, “where a former trial lawyer turned governor cheerleads litigation against the Pelican State’s critical energy industry and has hired rich political donors to run it. Ethically challenged judges and seemingly bogus ADA lawsuits make things worse.” 

Read more:  Louisiana Ranks High in "Judicial Hellhole" Report

Louisiana's legal climate hits 'rock bottom' in national survey

Photo source: Louisiana Record

WASHINGTON, D.C. — Louisiana has the worst legal climate in the nation, according to a survey released this week.

The survey, dubbed the "2017 Lawsuit Climate Survey: Ranking the States," was conducted by Harris Poll and was accompanied by a video by Faces of Lawsuit Abuse, a project of the U.S. Chamber Institute for Legal Reform, which owns this publication.

"Louisiana, you're one of the worst," the video said. "Awarding ridiculous sums of money for junk lawsuits. Some of your politicians are hiring their trial lawyer friends to file cases while doing nothing to pass legal reforms."

The Pelican State came in behind 48th-ranked Illinois and 47th-ranked California. Louisiana's ranking in the latest poll, which was first conducted in 2002, is a first and all-time low for the state, which edged out Missouri this time, which ranked 49th.

“Louisiana’s lawsuit climate has hit rock bottom,” Lisa A. Rickard, president of the Institute for Legal Reform, said. “The state’s long history of litigation abuse and the questionable integrity of its courts hurt everyone by holding back more robust job growth and investment.”

The survey ranked Louisiana "dead last" in the poll's 10 categories, including judges’ competence and impartiality, jury fairness and the quality of its appeals process, according a statement by the institute. The survey also ranked New Orleans and Orleans Parish as the nation's fourth worst lawsuit jurisdiction.

"Over the years, judicial misconduct has plagued Louisiana’s courts," the Institute for Legal Reform said in the statement. "In 2016 alone, judicial misconduct cases resulted in fines, suspensions and resignations of at least five different judges. Several of these cases were for repeat offenses."

Survey participants included 1,203 in-house general counsels, senior litigators or attorneys and other senior executives at companies with annual revenues of at least $100 million who said they knew about litigation matters, according to the survey.

Participants were reached through more than 1,300 telephone and online interviews between March 31 and June 26, which asked for rankings on topics such as fairness of a given state's lawsuit environments in 10 categories, including state laws, courts, judges and juries.

The institute also issued the 2017 edition of its "101 Ways to Improve State Legal Systems," a listing of key legal reforms that states can adopt to improve their lawsuit climates.

The U.S. Chamber's Institute for Legal Reform seeks to promote civil justice reform through legislative, political, judicial and educational activities at the national, state and local levels.

The U.S. Chamber of Commerce is the world’s largest business federation, representing the interests of more than 3 million businesses of all sizes, sectors and regions, as well as state and local chambers and industry associations.

Source: Louisiana's legal climate hits 'rock bottom' in national survey

LANDRY: U.S. Senate Should Pass the FACT Act to Help Protect Americans

Photo source: Louisiana Record

It is no secret that frivolous litigation filings have skyrocketed in recent years. As more and more personal injury lawyers seek to use and abuse our legal system, Americans have grown tired of paying the costs and have begun calling for reform. Fortunately, Congress is listening.

In March, the U.S. House of Representatives passed reform legislation that included the Furthering Asbestos Claim Transparency Act of 2017 (FACT Act), which will help reduce fraud that effectively steals compensation from people who are or will become sick from asbestos exposure. This reform legislation is desperately needed and I hope the U.S. Senate will act on it soon. It is estimated 60 different bankruptcy trusts collectively paid out more than $17 billion since 2008 in compensation funds previously set-aside for veterans and others exposed to asbestos. But the long-term financial viability of these trust funds is being threatened.

In many instances, the same plaintiffs’ attorneys who profit from these trusts are responsible for managing them, in essence allowing the fox to guard the hen house. Furthermore, a lack of coordination between the trusts and the tort system provides for the unseemly practice of “double dipping” — whereby some attorneys file conflicting claims about their clients’ asbestos exposure and collect multiple awards from different trusts and companies for a single asbestos-related injury.

The FACT Act will bring sorely needed transparency to this process and help protect veterans and others sickened by asbestos by requiring trust funds to disclose information on claims made to the trusts while taking measures to protect claimants’ personal information. By weeding out bad actors that are abusing the current system, the FACT Act will preserve existing funds and ensure all deserving future claimants receive the maximum relief for their illnesses and injuries.

To be sure, this bill does not prevent asbestos claimants from receiving payouts from multiple sources. Indeed, there may be some instances where veterans or industrial workers were exposed to several different asbestos containing products throughout their years of service. The bill simply requires disclosure of that information to the courts so that judges and juries can consider it when compensating asbestos claimants. That’s why the majority of Louisiana’s House Delegation—including Majority Whip. Steve Scalise (R-Jefferson), Rep. Clay Higgins (R-Port Barre), Rep. Mike Johnson (R-Benton), Rep. Ralph Abraham (R–Mangham), and Rep. Garret Graves (R-Baton Rouge) — voted in favor of the FACT Act and should be applauded.

The U.S. Senate is expected to consider the FACT Act in the coming weeks. I urge U.S. Senators John Kennedy (R-LA) and Bill Cassidy (R-LA) to support these commonsense reforms as well.

Melissa Landry is executive director of Louisiana Lawsuit Abuse Watch (LLAW), a grassroots legal watchdog dedicated to improving the state’s legal climate. Learn more at www.LLAW.org.

LANDRY: Lawyer Ads Should Be Regulated

 
It is impossible to avoid them. Everywhere we look, we are bombarded by aggressive legal advertising. From car wrecks to class actions, solicitations from personal injury law firms dominate our local TV airwaves — not to mention what fills the radio and is plastered on billboards and bus exteriors.

For the small number of folks in Louisiana who may not have noticed, these ads often feature loud-talking lawyers and paid testimonials from their clients about how much money they made off of their lawsuits. In a typical ad that makes our state courts sound more like a lawsuit lottery than a legitimate legal system, one plaintiff boasts, “I called for free and he got me $358,000.” Is it any wonder why Louisiana drivers pay some of the highest auto insurance rates in the country?

But lawyer ads are not just annoying and expensive. Sometimes they can be dangerous.

Even more troubling than traditional “crash cash” commercials is a new trend in legal advertising that could actually be hurting people. Some personal injury lawyers are now using unregulated legal advertisements to make unsubstantiated and unbalanced claims about life-saving pharmaceutical drugs and medical devices for the sole purpose of scaring potential plaintiffs into mass tort litigation.

In fact, if you have watched daytime television lately, you’ve probably seen one of these ads. In these dramatic commercials, personal injury lawyers offer dire warnings about extremely rare and ominous-sounding side effects that may be associated with a wide range of medical treatments. It seems, no drug or medical device is safe from these scare tactics, with a slew of sensational legal ads targeting everything from life-saving defibrillators to cancer-killing chemotherapies to breakthrough medicines for treating diabetes.

The sheer volume of these commercials is shocking. In 2015, lawyers spent almost $900 million on television ads across the country, and market research analysts estimate trial lawyers’ TV advertising grew six times faster than all other advertising over the six-year period ending in 2016.

These seemingly health-related commercials generally do not offer sound medical advice, and most often they do not feature licensed medical professionals. Yet the melodramatic and “official” tone of these legal advertisements serves to invoke fear and emotional paralysis in some patients. Whether intentional or not, the content and proliferation of these ads can even discourage some patients from taking their medications correctly or following a doctor’s recommendations. These are unfortunate and potentially dangerous side effects indeed.

In an effort to better protect the public’s health, the American Medical Association adopted a policy at its annual meeting last year to advocate for a new requirement for attorney commercials to include “appropriate” and “conspicuous” warnings so they do not cause patients to stop using necessary medications.

This is a step in the right direction, but many cannot afford to wait for movement at the federal level. The Louisiana Legislature should consider steps to hold personal injury lawyers accountable now. As is the case with all other advertisers, the lawsuit industry should be required to ensure that the content of their advertising is truthful, accurate and responsible.

Melissa Landry is executive director of the non-partisan, grassroots legal watchdog group Louisiana Lawsuit Abuse Watch. For more information about LLAW’s efforts to restore common sense and fairness to Louisiana’s civil justice system, visit www.LLAW.org.

And It's Only Beginning...................

Photo source: Oilfield Guru

I recently received an email from an insider in the oil and gas industry here in Louisiana concerning a disturbing trend that I fear will be starting because of short-sighted and ill-advised politicians sucking like leeches on the industry with the threat of lawsuits for coastal erosion.  In the email, which appears below, machine work that is normally done here in our state is now being moved to Texas because of the political climate surrounding people like Governor "Honor Code" Edwards and his crony attorney friends.

Shell recently ordered 10 offshore busing assemblies from a Texas machine shop that used to be machined in Louisiana.  Each assembly is about $120,000.

BP contacted same shop for similar work last week saying that they (BP) have to move work that used to be done in Houma to Texas because of a new political environment facing energy companies working in Louisiana.

Good for Texas but bad for Louisiana.

This is already starting and we haven't even filed the first suit against any oil company yet.  What will happen when our "Governor" finally does file that lawsuit?  I can tell you what will happen.  You'll see the decimation of an industry vital to families and hard-working taxpayers in Louisiana.

If you vote Democrat and working in the oil and gas industry, you seriously need to have your head examined.

But, don't blame me.  I voted for Vitter.