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.
(Ind., filed February 19, 2016): Arguing that admissibility of “phantom damages” as evidence impedes the search for the truth and unnecessarily makes the trial process much less efficient. Also argues that even if the Court agrees the evidence of payment from a government insurer should be excluded, it should allow for an offset of the phantom damages against the plaintiff’s compensatory damages aware, or otherwise allow the defendant to introduce evidence of the provider’s willingness to discount charges for other patients.
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.
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