Louisiana Motor Transport Association

www.lmta.la | www.lmta.foundation

lmta@lmta.la

(225) 928-5682

LEGAL REFORM SIGNED INTO LAW — THE FIGHT IS NOT OVER

This week, Governor Jeff Landry signed into law four major legal reform bills—HB 431, HB 434, HB 436, and HB 450—delivering a long-overdue victory in the battle against lawsuit abuse that has disproportionately affected Louisiana’s trucking and small business communities.

We extend our appreciation to Representatives Emily Chenevert, Jason DeWitt, Gabe Firment, and Michael Melerine for their leadership in advancing these measures, which address key vulnerabilities in our legal system:

• HB 434 (Rep. DeWitt): Limits lawsuits from uninsured drivers by strengthening “No Pay, No Play.”

• HB 431 (Rep. Chenevert): Brings Louisiana in line with 38 other states by adopting a modified comparative fault system.

• HB 450 (Rep. Melerine): Repeals the Housley Presumption, restoring the plaintiff’s burden to prove causation in injury claims.

• HB 436 (Rep. Firment): Prohibits recovery of certain damages by unauthorized aliens.

These reforms represent a major step forward in curbing abusive litigation practices and ensuring a more balanced legal environment for Louisiana’s transportation sector.

However, not all critical reform efforts have succeeded. With the exception of SB 231, which remains active, every other LMTA-backed civil justice reform bill has either been deferred or killed.

SENATE JUDICIARY A STALLS ADDITIONAL REFORMS

During this week’s Senate Judiciary A Committee meeting, the effort to advance further reforms was abruptly halted. As the committee moved to adjourn shortly before 7:00 PM, three key pro-business bills—each supported by LMTA—were left unheard due to the absence of their authors.

Committee Chairman Sen. Greg Miller (R-Norco) confirmed that the bills would not be rescheduled. Following a brief procedural dispute, the committee voted to defer each bill individually before adjournment:

• HB 435 (Rep. Peter Egan): Would have capped general damage recovery at $5 million to combat excessive jury verdicts.

• HB 440 (Rep. Chance Henry): Sought to establish a rebuttable presumption that declining available health insurance constitutes a failure to mitigate damages.

• HB 443 (Rep. Chance Henry): Would have required plaintiff attorneys to notify defendants within 10 days of being retained—an effort to increase transparency early in litigation.

These bills, though not defeated outright, are effectively sidelined for the remainder of the session.

ADDITIONAL REFORMS BLOCKED

Several other LMTA-supported bills that previously advanced to Senate Judiciary A were also blocked. Three bills were deferred on a 3-1 vote, while one (HB 336 - Wilder) was never scheduled for a hearing:

• SB 148 (Sen. Miguez): “Loser pays” litigation reform

• HB 443 (Rep. Carlson): Attorney fee disclosure

• HB 677 (Rep. Carver): Restrictions on attorney advertising

The failure of these bills underscores the continued resistance to the difficulty in changing the civil litigation environment.  The failure of these bills underscores the continued resistance to comprehensive legal reform, despite growing support from Louisiana’s business and transportation communities.

WHAT COMES NEXT

LMTA remains fully engaged in the legislative process and is committed to continuing the push for responsible civil justice reform. While we celebrate the progress made, we also recognize the critical work that remains.

We will keep fighting to protect the economic viability of Louisiana’s trucking industry and ensure that our legal system promotes fairness—not abuse.

Stay informed. Stay engaged. Stay on the road to reform.

Thanks,

C.Renee Amar

Executive Director | LMTA & LMTA Foundation

Cell: (225) 287-0117

renee@lmta.la