The Louisiana Supreme Court’s Alarming U-turn
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.
State Passes Key Reforms on Evidence Rules, Litigation Financing
Today, the American Tort Reform Association recognized Indiana as a “Tort Reform Trailblazer” in its new Legislative HeatCheck report, applauding the state for enacting two significant legal reforms during this year’s legislative session.
“Indiana lawmakers took important steps toward restoring balance and fairness to its civil justice system this year, and we’re pleased to recognize the state as a ‘Tort Reform Trailblazer,’” Tiger Joyce, ATRA president said. “The common-sense measures enacted on seat belt evidence admissibility and to rein in third-party litigation financing are models for other states to follow.”
House Bill 1090, authored by Republican Rep. Jim Pressel and signed by Gov. Eric Holder (R) in March, closes a loophole that previously prevented juries from hearing important evidence. The new law allows juries to consider evidence of non-use or misuse of seat belts when determining damages for plaintiffs aged 15 and older.
“For too long, personal injury lawyers have inflated damages by shielding juries from crucial evidence,” Joyce said. “This reform ensures juries can properly apportion responsibility and award fair compensation.”
Indiana lawmakers also took aim at the unchecked proliferation of third-party litigation funding through House Bill 1160. Republican Rep. Matt Lehman’s bill was also signed by Gov. Holcomb in March and prohibits litigation funders from improperly influencing plaintiffs’ case strategy and requires disclosure of any foreign financing.
“The litigation funding industry essentially has operated as a ‘Wild West’ with little-to-no transparency or accountability,” Joyce said. “HB 1160 will help prevent foreign influence over domestic legal matters and mitigate potential national security risks.”
Excessive tort costs impose a hefty $1,205 “tort tax” annually on each Indiana resident annually while sapping 76,057 jobs from the state economy.
“This year’s reforms will help to create a more even playing field in the Hoosier State and reduce the overall economic impacts of excessive tort costs,” Joyce said. “We commend Indiana lawmakers and the governor for their strong stance against the trial bar’s agenda and prioritization of affordable access to justice for residents and businesses alike.”
ATRA’s Legislative HeatCheck report evaluates a select group of states’ progress — or lack thereof — in enacting meaningful tort reform measures during their most recent legislative sessions.
Indiana’s legislature was named a “Tort Reform Trailblazer” alongside state lawmakers in Alabama and West Virginia. The full Legislative HeatCheck report is available at heatcheck.atra.org.
The Pelican State deserves a judicial system that stands firmly on principles — not one swayed by the most recent political winds.
Judges must recognize these cases for what they are: a cynical attempt to turn the suffering of families into a litigation jackpot.
A recent Delaware case shows that not all states follow the Supreme Court’s 1993 Daubert ruling.
Republican Candidate Derek Brown Urged to Sign Pledge
Maryland taxpayers should be assured that state leadership is working in their best interests and not those of entrepreneurial trial lawyers.
ATRA Declares State a ‘Lawsuit Inferno’ Amid Liability Onslaught