Judgement Interest Reform

Problem

Although well‑intended, the practical effects of prejudgment interest statutes can be inequitable and counter‑productive.  Prejudgment interest laws can, for example, result in over‑compensation, hold a defendant financially responsible for delay the defendant may not have caused, and impede settlement.

ATRA's Position:

At a time when policymakers are attempting to lower the cost of the liability system in an equitable and just manner, prejudgment interest laws that currently exist and new proposals should be reviewed to ensure that they are structured fairly and in a way designed to foster settlement.  At a minimum, the interest rate should reflect prevailing interest rates by being indexed to the treasury bill rate at the time the claim was filed and an offer of judgment provision should be included.


Opposition Opinion:

The personal injury bar’s argument in support of prejudgment interest – that prejudgment interest compensates the plaintiff fully for losses incurred, encourages early settlements, and reduces delay in the disposition of cases – fails to address the hardship faced by defendants held financially responsible for litigation delays they may not have caused. 

Judgment Interest: H.B. 1214 (1997)

Louisiana|1997

Sets judicial interest to the average Treasury Bill Rate for

[…]

Sets judicial interest to the average Treasury Bill Rate for 52 weeks plus 2%.  Provides varying rates of interest for actions pending or filed during the last 10 years.


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Unchallenged

Prejudgment Interest Rate Reform: (1997).

Louisiana|1997

Sets prejudgment interest rates at the average Treasury Bill rate

[…]

Sets prejudgment interest rates at the average Treasury Bill rate for 52 weeks plus 2%.  Provided varying rates of prejudgment interest for actions pending or filed during the last 10 years.


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