Louisiana 2016 Regular Session

Louisiana Senate Bill SB401

Introduced
4/4/16  
Introduced
4/4/16  

Caption

Provides relative to civil jury trial threshold. (gov sig)

Impact

The proposed change is expected to streamline jury trial availability by aligning state law with federal standards. This could potentially reduce the number of cases that go to trial by jury, as cases with amounts below the federal threshold may now be encouraged to settle or be adjudicated without a jury. This shift in process may also result in a decrease in the litigation costs for defendants, as fewer cases proceeding to jury trials can mean a lower burden on the legal system.

Summary

Senate Bill 401 aims to amend the Louisiana Code of Civil Procedure concerning the thresholds for civil jury trials. Specifically, the bill alters the current monetary threshold for cases eligible for jury trials, changing the fixed amount of $50,000 to a variable amount defined by federal law, specifically 28 U.S.C. 1332(a). This change has implications for how lower-value civil disputes are resolved in Louisiana's courts, affecting both parties involved in civil litigation.

Sentiment

The sentiment surrounding SB 401 appears to be mixed. Supporters argue that the adjustment provides a clearer framework for determining the availability of jury trials, thereby reducing unnecessary legal complexities for lower-value cases. Detractors, however, express concerns that the change might limit access to jury trials for individuals with smaller claims, potentially favoring larger entities that can more easily settle disputes without going to trial. Overall, legislators and stakeholders seem divided on the bill's efficacy.

Contention

Notable points of contention include potential disparities in access to justice, as critics argue that lowering the threshold may disproportionately affect individuals with smaller claims. There is also concern about the implications for the rights of defendants, particularly concerning their right to have claims heard by a jury. The reactions to SB 401 highlight a fundamental tension in how the legal system balances efficiency in civil litigation with the principal right of individuals to a fair trial by jury.

Companion Bills

No companion bills found.

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