If you are one of the apparently growing number of business people who subscribe to the belief that greed is the only way to prosperity, that trial lawyers have no role in our society, and that misfortune will never befall those dear to you, read no further.
On the other hand, if you are a Louisiana citizen who appreciates that the ups and downs of everyday life are capable of visiting unforeseen misfortune on your family or you, you must pay attention to what is raising its ugly head in the upcoming gubernatorial election-yes, again, tort reform. This time masquerading as vilification of trial lawyers.
Last week, the Louisiana Association of Business Industry (LABI) and the US Chamber of Commerce joined in a Guest Commentary to The Advocate complaining that our civil justice system is “troubled”, that it serves as a “deterrent to economic growth”, and that Louisiana is a “plaintiffs’ (trial) lawyers’ paradise”. Let me put things in perspective.
Last week, it was also reported that Louisiana has been one of the top 10 states in which to do business for the past five years. Last year, the head of the Louisiana Oil & Gas Association testified, under oath, that he knew of no company that has left Louisiana because of our civil justice system, nor does he know of any company that has refused to do business in Louisiana because of our civil justice system.
The US Chamber teamed up with British Petroleum (DEEPWATER HORIZON disaster), a foreign oil company, in the US Supreme Court against Louisiana landowners and small businesses to prevent them from being paid for their business losses caused by the worse environmental disaster in US history. Apparently, the Chamber’s allegiance is to the British, not to the Louisianans they exiled from Nova Scotia.
LABI successfully lobbied our legislature in 1996 for a complete tort reform overhaul (crippling) of our civil justice system, and for the past eight years for billions in business tax breaks. Under current LABI tort reform laws, if a business owner’s rotten tree falls over and kills your child, the business is not responsible, even for funeral expense. Big business is currently the beneficiary of what some deem the biggest corporate welfare scheme in Louisiana history. The current LABI tax breaks have crippled our university and educational systems to a point of near “exigency”. When, for the first time in eight years, the legislature made small cuts in the corporate welfare to prevent closing universities, LABI gave those legislators “F’s” on their report card. Legislators got this failing grade even though some had towed the LABI line for eleven of their twelve years in Baton Rouge. LABI is uncompromising. Until big business pays no taxes and can no longer be held liable for their wrong doings, LABI will not be satisfied.
Our judges are well-positioned to recognize and dismiss frivolous suits at an early stage. Significantly, it defies good sense for a lawyer to file such a suit, because it costs him money and professional time, all of which is lost if he chooses to make such a claim.
19 years ago, Governor Foster stripped away many of your rights under the guise of tort reform. Have you experienced any premium reduction on your insurance policies? No, you have not, and you will not. All the money saved is kept by the insurance companies and big business. Tort reform simply shifts the expense of being responsible for injured citizens and their families from insurance companies to the taxpayers. It is time that you, the ordinary citizens of Louisiana, say enough is enough. No more tort reform. We are tired of paying for the wrong doings of big business though taxes, Social Security Disability, Medicare, Medicaid and the charity hospital system. Tell big businesses and insurance companies that they are benefiting from their enterprises, therefore, they should be responsible for their wrongful conduct.
