Louisiana 2020 1st Special Session

Louisiana House Bill HB57

Introduced
6/8/20  
Introduced
6/8/20  
Refer
6/8/20  
Refer
6/8/20  
Report Pass
6/9/20  
Report Pass
6/9/20  
Engrossed
6/15/20  
Engrossed
6/15/20  
Report Pass
6/17/20  
Enrolled
6/30/20  
Enrolled
6/30/20  
Chaptered
7/13/20  
Passed
7/13/20  

Caption

Enacts the Civil Justice Reform Act of 2020 (Item #40)

Impact

The enactment of HB 57 is anticipated to streamline the judicial process in Louisiana by allowing more cases to be resolved at the jury level, which may contribute to quicker resolutions for plaintiffs seeking redress for lower-valued claims. Moreover, by permitting the admissibility of medical expenses in civil actions, the bill alters how such expenses can be presented in court, potentially impacting the outcomes of personal injury lawsuits. This aspect aims to ensure that juries can fully understand the financial implications of injury claims without being misled by previous exclusions of evidence regarding medical costs.

Summary

House Bill 57, known as the Civil Justice Reform Act of 2020, proposes significant changes to Louisiana's civil procedure and evidence laws, particularly related to jury trials, medical expense admissibility, and the use of safety belt evidence in personal injury cases. The bill lowers the threshold for a jury trial from $50,000 to $10,000, which potentially increases the number of cases eligible for jury trials and could relieve some of the burdens on the court system. It also limits the transfer of cases from courts of limited jurisdiction to district courts, specifically pertaining to accidents involving the operation of vehicles.

Sentiment

Sentiments surrounding HB 57 appear mixed, with some stakeholders viewing the reforms as crucial for modernizing civil justice practices while others express concerns about the implications for defendants and the overall fairness of the legal process. Supporters argue that the bill enhances access to justice for individuals with smaller claims who would benefit from jury trials. Conversely, critics fear it may lead to an increase in frivolous lawsuits or undermine the rights of defendants, particularly in terms of defending against claims where the admissibility of safety belt evidence is now permissible.

Contention

Notable points of contention involve the balance between facilitating access to justice and ensuring a fair judicial process for all parties involved. The decision to repeal the prohibition on presenting evidence of not wearing a safety belt is particularly controversial, as it may lead to reduced compensation for injured parties who didn't wear their belts, thus complicating issues of comparative negligence. Opponents of the bill worry that these changes could empower defendants to mitigate liability unfairly while supporters advocate for the need to modernize outdated aspects of civil law.

Companion Bills

No companion bills found.

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