How f**ked are PL atty’s with the new SB78 law. What are y’all going to pivot to?

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Did it pass?

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No it’s not even hitting the floor until the July session. It got moved past comitee last though

I’m a plaintiff’s attorney and not all that worried by it. Most of the reforms are gonna weed out the shadier practices which is a good thing.

I’ve had very few cases where plaintiff was found more than 50% at fault but less than 90% (at which point it’s not that much different than losing altogether). (It also almost certainly won’t pass in its current form because it would mean that a drunk driver who kills a J-walking pedestrian is generally not civilly liable).

We don’t make frequent use of LOPs for clients with medical coverage (this is something shit shops do).

The changes to bad faith are probably the most troublesome, but i can’t imagine it passes in its current form. The idea that the insurer can defeat a bad faith claim simply by paying the demand amount within 90 days if the bad faith suit is bizarre. I can’t think of any similar law where your liability for a bad act is actually contingent on the filing of a lawsuit.

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If there was lodestar fees in every
Civil case the entire Godamn industry would have collapsed long time ago

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