JURY TRIAL THRESHOLD

Reduces the jury trial threshold from $50,000 to $10,000.  Provides that if a party fails to file a motion to transfer within the delays provided by existing law, the matter shall not be transferred.  Further provides that a jury trial shall not be available for non-tort suits originally filed in parish or city court when the amount in controversy does not exceed the parish or city court’s jurisdictional limit.  Provides that in a tort action where a petitioner stipulates or otherwise judicially admits that his cause of action exceeds $10,000, but is less than $50,000, a party requesting a jury trial shall provide a cash deposit in the amount of $5,000.  Further provides that when the case is set for trial, the court may provide for a supplemental bond or cash deposit in accordance with existing law.

EVIDENCE OF LIABILITY INSURANCE

Provides that the existence of insurance coverage shall not be communicated to the jury, unless any of the following apply: (1) a factual dispute related to an issue of coverage is an issue which the jury will decide; (2) the existence of insurance coverage would be admissible to attack the credibility of a witness pursuant to existing law (C.E. Art. 607) which provides for attacking and supporting a witness’ credibility; (3) the cause of action is brought against the insurer alone in the limited circumstances provided by existing law under the direct action statute or under the statute requiring good faith and fair dealing in the settlement of claims.  Provides that the identity of the insurer shall not be communicated to the jury unless the identity of the insurer would be admissible to attack the credibility of a witness pursuant to existing law.  Provides that in all cases brought against an insurer, at the opening and closing of the trial, the court shall read instructions to the jury that there is insurance coverage for the damages claimed by the plaintiff.

RECOVERABLE PAST MEDICAL EXPENSES (COLLATERAL SOURCE)

Provides that in cases where a claimant’s medical expenses have been paid, in whole or in part, by a health insurance issuer or Medicare to a medical provider, the claimant’s recovery of medical expenses is limited to the amount actually paid to the medical provider by the health insurance issuer or Medicare, and any applicable cost sharing amounts paid or owed by the claimant, and not the amount billed.  Provides that the court shall award 40% of the difference between the amount billed and the amount actually paid to the contracted medical provider by a health insurance issuer or Medicare in consideration of the plaintiff’s cost of procurement provided that this amount shall not make the award unreasonable.  Provides that in cases where a claimant’s medical expenses have been paid, in whole or in part, by Medicaid to a medical provider, the claimant’s recovery of medical expenses paid by Medicaid is limited to the amount actually paid to the medical provider by Medicaid, and any applicable cost sharing amounts paid or owed by the claimant, and not the amount billed.  Provides that the recovery of any other past medical expenses shall be limited to amounts paid to a medical provider by or on behalf of the claimant, and amounts remaining owed to a medical provider, including medical expenses secured by a contractual or statutory privilege, lien, or guarantee.  Provides that in cases where a claimant’s medical expenses are paid pursuant to the La. Workers’ Compensation Law (LWC), a claimant’s recovery of medical expenses is limited to the amount paid under the medical payments fee schedule of the LWC.  Provides that in a jury trial, only after a jury verdict is rendered may the court receive evidence related to the limitations of recoverable past medical expenses paid by a health insurance issuer or Medicare.  The jury shall be informed only of the amount billed by a medical provider for medical treatment. Whether any person, health insurance issuer, or Medicare has paid or has agreed to pay, in whole or in part, any of a claimant’s medical expenses shall not be disclosed to the jury. In trial to the court alone, the court may consider such evidence.  The bill does not apply in medical malpractice claims or in claims brought pursuant to the Governmental Claims Act.

EVIDENCE OF FAILURE TO WEAT A SEAT BELT

Repeals the law that provided that the failure to wear a seat belt was prohibited from being admitted into evidence for purposes of mitigation of damages and comparative fault.

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Repeals the judicially created strict liability doctrine exposing property owners to liability without proof of fault.  Returns Louisiana to a negligence standard.

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Provides that if final judgment is 25% less than defendant’s offer or 25% greater than claimant’s offer, the offeree must pay offeror’s court costs, exclusive of attorneys’ fees, after offer is made.

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Overturns the Supreme Court’s decision in Bourgeois v. Green which allowed someone exposed to a “hazardous” substance to recover expenses for medical monitoring even if there is no evidence of any injury.

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Provides oil producers with the ability to admit to responsibility for cleaning up pollution from past oil drilling activities without admitting to larger damages.  The admission would not waive the admitting party’s right to use any of the available defenses in court.  The bills also create a system where the Department of Natural Resources would develop a cleanup plan for polluted lands that would be open to public scrutiny via a public hearing.  The cleanup plan also has to pass analysis by the Department of Environmental Quality and the Department of Agriculture.

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Provides that summary judgment on a particular issue may be rendered in favor of one or more parties even if the granting of the summary judgment does not dispose of the case as to that party or parties.  Also provides that the court may only render a decision as to those issues raised in the motion under consideration.  Changes present law to allow the court to consider evidence submitted for the purposes of summary judgment and provides that a party can object to evidence submitted through a memorandum in support or opposition or in a motion to strike that provides the specific grounds for the objection.  Finally, provides that a party may retain the right to a trial by jury even if the petitioner has stipulated that the cause of action does not exceed $50,000 when the party is entitled to trial by jury has complied with the procedural requirements for asserting that right if the stipulation has occurred less than 60 days prior to trial.

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Retroactive legacy lawsuit legislation that clarifies the types of damages that may be recovered and the standards for recovery of those damages.  It allows attorney fees for a party that was dismissed on a motion for preliminary dismissal and would create a definition for contamination.

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Prohibits any governmental entity, other than those that currently have the authority under the Coastal Zone Management Act, from filing suit based on any uses in the coastal zone, including actions against oil and gas companies.  The bill was filed to kill the Southeast Louisiana Flood Protection Authority-East’s lawsuit seeking to get 97 oil, gas and pipeline companies to pay a portion of the cost of restoring marshland desecrated in five parishes around New Orleans by drilling activity.  S.B. 469 provides that no state or local governmental entity, except the Department of Natural Resources, the Office of the Attorney General, and the Coastal Protection and Restoration Authority may bring any action for violation or a claim for damages for violation of a coastal use permit.  Under this legislation, any monies received by the state for violation of a coastal use permit shall be deposited in the Coastal Protection and Restoration Fund.  S.B. 469 also provides that for litigation filed prior the effective date of the act shall be dismissed if the secretary of DNR, the executive director of CPRA, or the attorney general fail to intervene in the litigation.

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Requires an annual report to the Legislature regarding litigation initiated by a state agency and requires the attorney general to publish an annual report containing a list of all civil actions initiated by the State of Louisiana.  Includes fraud cases at the Department of Health and Hospitals in the reporting requirements.

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Provides that a witness who is qualified as an expert by knowledge, skill, experience, training or education may testify in the form of an opinion or otherwise if the expert’s knowledge will help the trier of fact to understand the evidence or to determine a fact in issue, the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, and the expert has reliably applied the principles and methods to the facts of the case.

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Permits documentary evidence cited in support of a motion for summary judgment to be filed with the motion or in opposition in any electronic format authorized by the court’s local rules or approved by the court’s clerk for receipt of evidence.

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Provides tort immunity for health care providers who provide free services at community health care clinics

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Provides liability protection for health care providers for their voluntary services at community health clinics or community pharmacies

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Codifies a Louisiana Supreme Court decision that the state cannot compensate attorneys on a contingency fee basis, absent express statutory authority; provides that, in cases where a statute allows for the recovery of attorney’s fees for the prevailing party, those attorney fee awards belong to the state, absent express statutory authority; clarifies that outside counsel are considered to be public servants under the Louisiana Code of Ethics and can only receive pay from the state government entity by which they are employed; requires outside counsel to keep accurate time and expense records, and limits hourly rates to the lesser of the maximum rate approved by the Attorney’s Fee Review Board or $500; requires outside counsel to be approved by the governor and attorney general for state work; requires an application for approval to include a copy of the proposed contract and a resolution to include a statement of real need, a statement fully providing the reasons for the action, a full statement of compensation to be paid, and, if applicable, statutory authority for a contingency fee; requires the governor and/or the attorney general to respond in writing with approval or rejection of the application and to outline the reasons for rejection.  The bill is prospective in nature, exempts local and parish governments and colleges and universities, and requires preference be given to Louisiana attorneys.

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Repeals the judicially created strict liability doctrine exposing property owners to liability without proof of fault. Returns Louisiana to a negligence standard.

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Provides for mandatory review panel of claims against certified public accountants unless both parties agree to waive; provides that panel’s opinion is admissible as an expert opinion; and provides that claimant must pay for the cost of panel if the panel finds for the certified public accountant

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Repeals the prohibition against jury trials in suits involving admiralty or general maritime cases.

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Limited all damages against the state and political subdivisions to $500,000 for personal injury and wrongful death (exclusive of property damages, medical care and related benefits and loss of earnings or loss of support, and loss of future support). The intention of this legislation was intended to explain the original intent of the legislature, notwithstanding the contrary interpretation of the Louisiana Supreme Court in Locket v. the State of Louisiana, Department of Transportation and Development, 2003-1767 (La. 2/25/04) 869 So.2d 97.

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Requires an annual report to the Legislature regarding litigation initiated by a state agency and requires the attorney general to publish an annual report containing a list of all civil actions initiated by the State of Louisiana.  Includes fraud cases at the Department of Health and Hospitals in the reporting requirements. (Stuart Bishop – R)

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Retroactive legacy lawsuit legislation that clarifies the types of damages that may be recovered and the standards for recovery of those damages.  It allows attorney fees for a party that was dismissed on a motion for preliminary dismissal and would create a definition for contamination.  (Robert Adley – R)

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Provides oil producers with the ability to admit to responsibility for cleaning up pollution from past oil drilling activities without admitting to larger damages. The admission would not waive the admitting party’s right to use any of the available defenses in court. The bills also create a system where the Department of Natural Resources would develop a cleanup plan for polluted lands that would be open to public scrutiny via a public hearing. The cleanup plan also has to pass analysis by the Department of Environmental Quality and the Department of Agriculture.

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Prohibits any governmental entity, other than those that currently have the authority under the Coastal Zone Management Act, from filing suit based on any uses in the coastal zone, including actions against oil and gas companies.  The bill was filed to kill the Southeast Louisiana Flood Protection Authority-East’s lawsuit seeking to get 97 oil, gas and pipeline companies to pay a portion of the cost of restoring marshland desecrated in five parishes around New Orleans by drilling activity.  S.B. 469 provides that no state or local governmental entity, except the Department of Natural Resources, the Office of the Attorney General, and the Coastal Protection and Restoration Authority may bring any action for violation or a claim for damages for violation of a coastal use permit.  Under this legislation, any monies received by the state for violation of a coastal use permit shall be deposited in the Coastal Protection and Restoration Fund.  S.B. 469 also provides that for litigation filed prior the effective date of the act shall be dismissed if the secretary of DNR, the executive director of CPRA, or the attorney general fail to intervene in the litigation. (Robert Adley – R)

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Overturns the First Circuit Court of Appeals’ decision in the Theriot v. Bourg case which allowed officers and directors of corporations to be sued for errors in judgment even when decisions were made in good faith

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requires a licensed psychologist’s or psychiatrist’s diagnosis of any mental stress injuries that are not manifested by a physical injury

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Court shall impose sanctions which may include an order to pay reasonable expenses incurred including reasonable attorney’s fees

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Exempted from liability any manufacturer, distributor or seller of a food or nonalcoholic beverage where liability is premised upon the individual’s weight gain or obesity. This is the first law enacted at either he state or federal level that specifically addresses liability limits for purveyors of food with respect to obesity lawsuits.

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Requires a pre-trial motion requesting a hearing on expert evidence to be filed 60 days prior to the trial date. Requires a judge to hold a hearing and give an oral or written reason for qualifying or disqualifying an expert witness and/or methodology within 30 days of trial. Also includes a “loser pay” provision.

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reasserts the doctrine of “exclusive remedy” in worker’s compensation cases to address the Louisiana Supreme Court decision which greatly weakened exclusivity in Billiot v. B.P. Oil.

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Limits liability and provides for a statute of limitations for health care providers in cases involving blood transfusions, tissue products or the transplant of any human organ

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