WWL>Topics>>3-25 8:45am Tommy, lawsuit reform?

3-25 8:45am Tommy, lawsuit reform?

Mar 25, 2014|

Tommy talks to Jon Gegenheimer, the Jefferson Parish Clerk of Court, and Blaine Lecesne, a Professor of Law at Loyola, about tort reform

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Automatically Generated Transcript (may not be 100% accurate)

Tommy Tucker another WLE 45 quarter till night hitting a spirited discussion about. Tort reform in Louisiana. Melissa Landry executive director of Louisiana lawsuit abuse watch. Once there would be no threshold when it comes to on somebody that is. The who do it let's bring guests on -- gain timer Jefferson -- -- important morning senator -- -- and blameless and is a professor of flawed legal. Or. Thanks for taking the time -- whispers in agony as he has. Who gets to request that trial by judge or jury I is that in the civil cases that. Because of 50000 and automatically becomes a jury trial Lori is -- the defendant's decision. He either party can request the trial by jury I want to meet reaches that 50000 dollar. -- so it. The party's request you can have a jury trial. But what if one wants one and the other ones are more -- judge the other -- jury. Well that the party who requested the jury trial is entitled to and has a right to a trial by jury so that would. That request with operatives and other you know late to change at mine and withdraw there jury trial requests in which -- -- publicized in the requested jury trial since. Rory after 50000 -- -- into. A case of 50000. Whoever wants the jury trial if one party wants it they get after it all above 50000 dollars. A so gigantic -- clerk of court tell me. If you why the threshold to begin with guests and is. What would the cost be -- the system if the threshold of 50000 -- were eliminated. Well what the threshold. Is is essentially a policy decision that was made by the legislature. And it's really quite an unreasonable irrational I don't think I don't think it. Does it compare with those states -- you know -- Yet so -- panic -- -- among the states as far as. Auto insurance ranking in courses that has a -- accurate Drexel. I'll let you -- to the prior yet and she said that Louisiana's your personal 50000. Is the video primary variable in. Auto insurance rates Louisiana's auto insurance rates well. Louisiana it is seven. And the average rate is 971. Dollars. -- -- your differential is twenty dollars as opposed to go back to 1790. The things the constitution twenty dollars. And -- auto insurance rate -- -- numbers Jews won 518. Dollars. Average so there are numerous variables that German auto insurance. Right and and insurance analysts will tell you that you can't do it and that. On jury trial threshold. Also want to point out that in the federal system that quote Sutton knows this very well and might be one. I was practicing in the federal system that. Yet threshold -- even get in federal court bird cases damage suits like the ones we talking about. Once you've established diversity also -- indicate. The with 101000. -- now up to seven by about killed over the policy decisions the question. All those policy decisions reasonable. John when it comes your office and administering it etc. yeah. What would that change is the if they went from 50000 -- right. And not -- caught up and appearances and happily and have been solid data to back up what I segment. I think I can make some reasonable assumptions here that if the jury threshold low it would. It would. Kind of book increase. Administrative. Burdens on the on the court -- to get to something more or. That would increase the burden on administrative on the court. There's somebody texted me if I can -- here is I don't know. That is whoever it is that request the jury trial is responsible. For the cost. The -- I've got post upon -- because here's 2800 dollars and issue caught usually that pay cash or. Are checked art seldom does one these days post bond. Does that cover the cost of it though John. At some time -- is gonna run over that depending upon how long the trial Latin. On the jury at this state you've got -- majority. Now the -- does it matter you I'm just trying to figure out. That requests -- so in terms of your office. -- -- evenly in terms of summoning jurors does you know only get one appeared in some counts and don't. You papers summoning no lose jurors. -- It is that it appears to kick -- in Jefferson Parish which some jurors who may be civilly you're don't -- criminal if if you're on Europe. So you you you go on a panel. To -- prominent criminal and a civil case and you picked. You become one of twelve and thirteen depending on whether or not as an alternate whatever. The litigant who requested jury well initially it -- that. Well now for those people would not seeded. Pickens that it could be criminal jurors looked and so the taxpayers foot the bill that. Got to let me -- -- run at a time let me jump to the professor -- professor when it comes to. You know law and justice and lady just as -- blindness skills being even. You do -- you -- you which way how do you draw the line between a frivolous lawsuit and somebody that has a legitimate claim and getting justice in the court system. Well is there are ample existing procedural mechanisms under the rules of some procedures to address frivolous lawsuits and that. That's what the other side is not telling you. Attorneys can be sanctioned for power including that has little factual legal support. At any given point after a lawsuit is filed almost immediately. If it undergoes intense scrutiny Bible the court and defense counsel. To determine whether it is a legitimate claim and whether or not that -- supported by the facts and supported by the. A lot isn't assigned to a judge and a judge brings everybody in almost like on TV answers like. There's full if you guys -- either get together oh work it out I'm gonna dismiss it that kind of thing. Well that that. Accessory structures to -- the proceedings most most Connolly at the pretrial conference. But my point is that there's ample opportunity. For for those -- to be dismissed and very few. Rebels slots and actually make it to try out because after they went to potential. Dispositive motions that would lead to that lawsuits that special so this notion that the system is overwhelmed with frivolous lawsuits. It is resolutely a campaign of misinformation that. It's nuts and we're almost on time or -- is insane that you can't file was seated it's that no matter what the level of the -- as you should be able impanel -- GA -- perjury trial if you won. Well that the. That is intended to what the costs for the plaintiffs attorneys because it's much more expensive to try -- jury please visit as a judge -- is on the only team that that's where it is it's limiting access to the courts by individuals. These companies don't want peace and they don't want any legal liability exposure and the trying to essentially rent the system any different benefit. Any differences injustices meted out. Come between a judge or jury trial. Not necessarily it is not a shred of evidence to suggest that judges -- more pro plaintiff and injuries might be. And in the and I don't know with the support for that that -- purposes. But. You know there's nothing to indicate that is actually the case this is about. Limiting access to the courts by regular people. Gentlemen always we have more time I appreciate your taking the time to be lives get beat traffic troubles and they -- to thank you John -- in China Jefferson Parish of court. And professor blameless and professor of law at -- thank you serves but you.

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