Maddy summaryHCR 19 is a concurrent resolution that expresses the Louisiana Legislature's condolences on the death of former state representative Billy Wayne "Coach" Montgomery, acknowledging his contributions as an educator, coach, and public servant.
Maddy summaryHB 435 proposes to establish limitations on the amount of general damages that can be claimed in civil lawsuits. An amendment indicates that in a suit for damages arising from a civil wrong (delictual action), the person who committed the wrong (tortfeasor) would not be required to pay an amount beyond a certain point. This bill would affect individuals and entities involved in civil litigation where damages are sought. However, the provided text of the amendment is incomplete, so the precise mechanisms or specific limitations are not fully described.
Maddy summaryHB 449 addresses regulations concerning the fees that attorneys reasonably expect to earn, directly affecting attorneys and their clients. An amendment to the bill clarifies that its provisions are not considered a violation of the Uniform Trade Secrets Act. Another amendment removed a provision for penalties from the bill's scope. The specific details of how it provides relative to these fees are not detailed in the provided text.
Maddy summaryHB 427, titled "CIVIL/PROCEDURE: Provides for a reversionary trust," establishes provisions related to the administration of a reversionary medical trust. The bill clarifies that the trust is intended to authorize payments for medical claims and related benefits. It mandates that the trustee managing this medical trust must provide an annual accounting to the claimant, detailing all payments made on their behalf for medical care and related benefits.
Maddy summaryHB 443 amends civil procedure related to notifications in "delictual actions," which are civil lawsuits involving harm or damage. The bill requires a plaintiff's attorney to notify the defendant in writing if the defendant has insurance that may cover a portion of the damages. This notification must be provided within twenty business days of the plaintiff's counsel being retained. This new requirement affects plaintiffs' attorneys by adding a specific notification duty and defendants by ensuring they are informed about their potential insurance coverage early in the legal process.
Maddy summaryHB 336 amends the Code of Civil Procedure to revise the rules for where lawsuits involving uninsured and underinsured motorist (UM/UIM) insurance policies can be filed. It specifies that these actions should generally be brought in the parish where the wrongful conduct occurred or where the defendant is domiciled. However, if the lawsuit is solely against the UM/UIM policy, it may also be filed in the insured person's home parish. This bill directly affects individuals with UM/UIM policies, insurance companies, and defendants involved in related vehicle accidents.
Maddy summaryHB 439 proposes to establish a limit on attorney fees, directly affecting attorneys and their clients by regulating the maximum fees that can be charged for legal services. While the specific details of this limit are not provided in the available text, recent amendments removed original provisions related to penalties and an entire page of the bill.
Maddy summaryHouse Bill 430 creates the Louisiana Lawyer Advertising and Unfair Trade Practices Act, regulating advertisements for services, particularly legal services. The bill prohibits individuals and entities (excluding media companies) from making false, misleading, or deceptive statements about the monetary results obtained for clients. A statement is considered misleading if it implies a client received a net amount of money that they did not actually receive after all expenses, including attorney fees, are deducted. Violations are classified as unfair trade practices, allowing the attorney general to pursue enforcement actions and recover associated costs and fees.
Maddy summaryHouse Bill 301 aims to streamline the process for removing abandoned vessels from Louisiana waterways and their banks, affecting vessel owners and those involved in their removal. It establishes a rebuttable presumption that the last known registrant is the owner of an abandoned vessel, clarifying responsibility. The bill allows third parties to remove abandoned vessels at their own expense if the owner fails to do so after proper notification, and then dispose of or transfer ownership of the vessel. It also requires the Department of Wildlife and Fisheries to create rules for obtaining ownership information, issuing salvage titles, and notifying new registrants about their responsibilities. The bill clarifies that it does not authorize entry onto private property without the owner's consent.
Maddy summaryHB 440, as amended, addresses insurance claims and the recovery process for claimants. The bill establishes new proceedings that specifically consider a claimant's failure to use their personal health insurance to mitigate damages. It also removes certain provisions related to subrogation concerning insurance payments. This legislation directly impacts individuals making insurance claims and the insurance companies involved in those claims.
