As truckers, you have long existed in a state that has embraced lawsuit abuse and done very little to curb it. Our laws pertaining to commercial activities are far out of line with the rest of the nation. A little bit of work was done in 2020 to try to bring some of those laws in line with other states, but we have so much more work to do.
We have a package of bills this session that seek to bring our legal system more in line with our surrounding states. If we could even get on par with the state of Mississippi, it would make a huge difference for Louisiana truckers.
Several of the bills in our package will be heard next week in the House Civil Law Committee and we need your help. Please contact your lawmaker and ask them to support HB 24, HB 336 and HB 423.
They will also hear HB 315 which will extend the time period that you can be sued from one year to two years. This is a priority of Governor Jeff Landry. There is another bill in the senate that at least gives you notice but HB 315 does not. HB 229 is also scheduled and this bill will allow three years for a lawsuit to be filed against you. We oppose these bills and ask you to tell your lawmaker to oppose both.
Please click on the link below and tell your legislator that the state legislature had a hand in creating the state’s unfair legal system and they have a hand in fixing it. Please support HB 24, HB 336 and HB 423. Please oppose HB 229 and HB 315.
DESCRIPTION OF BILLS
Housely Presumption
HB 24 by Representation Michael Melerine
Would require a plaintiff to maintain full burden of proof on causation rather than allowing the plaintiff to rely on the prior judicially-created presumption of causation. It legislatively repeals the presumption and provides additional fairness and predictability in Louisiana’s legal system.
Third Party Litigation Financing (TPLF) – The Litigation and Financial Disclosure Act
HB 336 by Rep. Emily Chenevert
Requires parties to automatically disclose any litigation financing contract or agreement under which anyone other than a legal representative may receive compensation contingent on the proceeds of the civil action.
Collateral Source Legislation
HB 423 by Rep. Michael Melerine
This legislation discloses to the jury in civil cases what a plaintiff actually pays in medical costs and what the medical provider bills the insurer. These bills would put us in more close alignment with the nation’s trend of enacting legislation which only allows the plaintiff to recover what was actually paid by them, not the amount incurred.
Extends the time for a lawsuit to be filed
HB 315 by Rep. Mike Johnson extends the time you can be sued to two years and HB 229 by Rep. Kyle Green extends the time you can be sued to three years.