Inside Simplex 4th Edition

On February 19, 2020, Guillot, ATA President
and CEO Chris Spear and LMTA met with
Governor Edwards at the governor’s mansion
in Baton Rouge to discuss the severe impact
that lawsuit abuse is having on the industry,
destroying good-paying trucking jobs and
hampering its ability to invest in new safety
technology. The out-of-control litigious
environment has created fertile ground for
criminal insurance fraud rings, most notably in
Louisiana, as well as an exponential rise in
nuclear verdicts across the country, as
documented in a new study.
“For years, the
plaintiffs’ bar has
perverted the civil
litigation system into
a profit center to line their
own pockets,” said Spear.
“This pursuit of ‘jackpot
justice’ comes with a
heavy price felt far and
wide, punishing anyone who drives a car as
well as every single motor carrier – including
those with excellent safety records. Governor
Edwards deserves a lot of credit for taking this
issue on and seeing it through to completion,
working in good faith with the legislature and
all stakeholders to find common ground and
reach an agreeable, compromise solution.”
“We’ve been on the forefront of this issue from
the early stages—and even sent a truck convoy
to the State Capitol to let our legislators know
how important this is to the livelihood of
trucking in Louisiana,” said David Newman,
For years, the plaintiffs’
bar has perverted the civil
litigation system into a
profit center to line their
own pockets
president of LMTA and owner of Newman
Transport LLC, based out Pearl River,
Louisiana. “Skyrocketing
insurance rates are
putting a lot of trucking
companies out of
business, and many more
are ready to close
their doors. This bill
brings much needed
relief, and I would like to
thank all our members who spent time
advocating for it at the Capitol, the legislators
who supported it, and Governor Edwards for
signing it.”
Among other provisions, the Civil
Justice Reform Act will:
• Decrease the threshold to request a jury
trial from $50,000 to $10,000. The plaintiffs’
bar relied on the higher threshold to “judge
shop” – allowing them to pick venues they
know most likely to produce their desired
outcome.
• Repeal the “seat belt gag rule,” which
prevented the defense from introducing
evidence that the plaintiff was not wearing a
seatbelt and contributed to their own injuries.
• Bring medical damages more in line with
what the plaintiff actually paid—rather than
what was billed.
• Remove evidentiary restriction on the
defense that the plaintiff received
compensation for damages from a source
other than defendant, such as an insurance
payout.
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