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LOUISIANA RECORD

Tuesday, April 30, 2024

Louisiana’s legislature faces complicated but important session

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Venable

Despite the growing global pandemic, lawmakers in Louisiana must still accomplish a slate of pressing matters. The COVID-19 crisis, however, may stymie completion of state business this session.

Convened on March 9, the 2020 regular session of the Louisiana legislature should run through June 1. Legislators temporarily adjourned the session to help limit the spread of the coronavirus. Since that suspension, lawmakers have only met to address movement of new legislation and to begin developing contingency plans for accomplishing required work, including the constitutionally mandated obligation to pass a state budget. 

According to Lana Sonnier Venable, executive director of Louisiana Lawsuit Abuse Watch, that budget work must now consider changes in anticipated state revenues as well as expenses and federal reimbursements related to managing the impacts of the novel coronavirus. 

Venable emphasized the importance of loosening the environment in which businesses will try to recover.

“Getting businesses – both large and small – up and running will certainly be a key priority,” Venable said. “More than ever, legal reforms that remove barriers from these businesses’ ability to operate and expand should still be part of the agenda.”

Venable has other hopes for what the legislature might still accomplish – whether in a regular or special session — notwithstanding the health crisis, including measures outlined in Rep. Garofalo’s (HB 9) and Sen. Talbot’s (SB 418) omnibus premium reduction instruments. 

According to Venable, proposals include reducing the threshold for jury trials, removing the collateral source rule (allowing payments for “phantom damages”), and eliminating direct action against an insurer, among other provisions. She suggested these actions could help lower insurance costs for both businesses and families struggling to recover from economic damages resulting from COVID-19.

Venable also recommended that eliminating a state loophole allowing local governments to hire contingency-fee based lawyers to address issues of state concern, such as coastal restoration, is a priority that should move forward.

Continuing to remove obstacles within Louisiana’s legal climate is, according to Venable, important for state’s residents and businesses.

“Many of our legislators made legal reform a key part of their election platforms and are committed to making much needed changes to provide relief to everyday citizens, while making our businesses more competitive nationally and globally,” said Venable.

She noted that more bills have been filed to address potential changes to Louisiana’s civil justice system than in any session in recent memory.

“There is a strong will to move remove obstacles to Louisiana’s legal climate that hold us back on many fronts,” she said.

Despite the health crisis, Venable advocated for such momentum to continue.

“It’s just too important to our future,” she noted.

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