Requires the non-prevailing party to pay court costs and attorney fees if the suit or defense to the suit is frivolous
Impact
The enactment of HB 509 would significantly alter the financial dynamics of lawsuits in Louisiana, particularly by discouraging frivolous lawsuits through the imposition of financial penalties on losing parties. By holding non-prevailing parties accountable for court costs in these instances, the bill aims to reduce the burden on the judicial system and promote efficiency in legal proceedings. Furthermore, the bill could lead to a stricter evaluation of lawsuits before they are filed, potentially reducing the number of cases that currently clog court systems.
Summary
House Bill 509, introduced by Representative Greene, mandates that the non-prevailing party in a lawsuit must pay all court costs and reasonable attorney fees if the suit or defense is found to be frivolous. The bill amends the Code of Civil Procedure to clarify and enforce the financial responsibilities of parties involved in litigation deemed lacking merit. It also specifies that its provisions will apply to medical malpractice cases, but a decision by a medical review panel alone cannot determine if an action or defense is frivolous.
Sentiment
The sentiment surrounding HB 509 appears to be largely supportive from those who advocate for tort reform and the reduction of frivolous lawsuits. Proponents argue that this bill will protect defendants from being dragged into costly legal battles over baseless claims. On the other hand, there are concerns among some legal advocates that the bill might deter legitimate claims due to fear of financial penalties, which could ultimately restrict access to justice for individuals with valid grievances.
Contention
A notable point of contention regarding HB 509 involves debates about what qualifies as a 'frivolous' suit. Critics argue that the bill could chill valid legal claims by imposing financial risks on individuals who may seek justice against larger entities. Additionally, the provisions relating to medical malpractice lawsuits provoke discussions on the tension between protecting healthcare providers and preserving patients' rights to pursue legitimate claims, thus raising questions about the balance of interests in the legislative intent of the bill.
Authorizes the prevailing party in certain collection actions to recover attorney fees and costs under certain circumstances (EN INCREASE LF EX See Note)
Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (2/3 - CA7s2.1(A)) (8/1/23)
Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (2/3-CA7s2.1(A)) (8/1/25) (OR INCREASE GF EX See Note)
Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (8/1/19) (RE INCREASE GF EX See Note)
Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (2/3-CA7s2.1(A)) (8/1/24) (OR INCREASE GF EX See Note)