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WWL>Topics>>12-23 10:35am Garland, Louisiana #2

12-23 10:35am Garland, Louisiana #2

Dec 23, 2013|

Tiger Joyce, President , American Tort Reform Association…Ahhhhh Louisiana, congratulations we're number #2! This time we’re at the top of "the judicial hellhole list.” We won by being at the top of "gross abuses and questions of corruption" in our court systems.

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Automatically Generated Transcript (may not be 100% accurate)

It's ironic. Since Katrina and Louisiana rocked up blow a lot of perched on the positive side. How to -- -- appear we're back academia and from bed your -- on troop maneuvers with. One title of another after being being. Bestowed upon us for a having about a bill he climate better tax structure more entrepreneurs on and on and on it and you last week. We had a number one that says were the worst drivers in the country. This time and we have another perched. It's in your own judicial hell hole report. When the American -- association. And the museum is now in the top spot is what the American Tort Reform Association calls. The country's most well and -- legal system. Talk about that we've -- -- is president American Tort Reform Association. Dario welcomed the show appreciated Todd. Thank you Garland thank you very much for having me on. Tell us however we get this latest number one. Well I'm afraid. 2013 it was not a good year for a -- Louisiana they're -- actually. And let me just take a moment to say that what we try to do was to highlight four for policy reasons -- was some evidence backing it up why we believe this is an opinion. That certain jurisdictions are particularly problematic. In terms of not having it balanced and and reasonable and equitable well legal system. And we we do this too so that I can have speak to. Folks like Q and and and helped pro local weather conversation and debate. And and encourage some some affirmative steps to take you know because they get to topple the government would really like to do. But I think probably a year ago last this pastor got off to a pretty bad start. When following the enactment or very important piece of legislation to deal with summit we call legacy lawsuit. Which are cases brought against energy producers. Four environmental cleanup and what's problematic about it is these these cases were being brought and they really were tied in to actually. Doing anything to clean up the environment. Oftentimes there were cases. Where you know that that was really not even. Required. Settlements of reach but the concern about possible outcomes. I was so it's the most companies simply settle the drove it did that risk -- are current or -- Well in addition. Award. The legislature to its credit and again go up manageable side the with a built. To deal with this but unfortunately. Problematic that decision by the Supreme Court Louisiana really largely on did what the legislature and the governor. Had accomplished that was really quite remarkable about it. Are -- urgent talking about teacher you know improved. Business climate that is litigation that that that goes right at the heart of Louisiana's economy. The energy producing sectors. Added that it makes much much more difficult for them. We highlighted in the past a study by the center for energy studies which indicated that. That these legacy lawsuits cost 30000 jobs in the state. And so dealing with this was important but to have the court. On -- that. Through its decision we thought it was a bad wait for the state state to to get off on the right foot after having an act enacted important legislation. As complicated moves toward war it is how you measures that he didn't state. Well you know we we look to we've we've what we do -- as reported were really look to highlight -- improvements improbable. And we -- -- we don't want to that we can't -- look at every case. We do as much research as we can. Oh we get input from. From different organizations that that follow litigation. But we like what we do here is we feel we put a bright spot where we -- some of the worst abuses that we. That we observe. We hope that by putting a spotlight spotlight on those abuses. We can help to bring about some change. And we've had some success at doing that in some other jurisdictions we -- the war had some success in doing that and we you know. But when we say to Louisiana is number one. Is is there a measurement to that or browser though it's. It's a judgment call but action with Louisiana is -- -- we -- behind California so. But but we've we put together a list of of an ample jurisdiction that we police merit -- unfortunate. Designation of judicial -- but let me just tell you that in our report we also -- -- -- Improvements and we all borrowers were were very happy and enthusiastic about highway -- For example we did highlight the the enactment of -- a legacy lawsuit what is solution. Last year always go unfortunately to see it on overturned or. -- -- -- -- -- -- -- -- -- -- -- -- -- -- Lose -- -- near the top of another. Report that that we're now pleased weren't. -- year annual judicial hell hole report from the American Tort Reform Association. They ranked. Louisiana number two in the country is the worse -- second worst in the country. This focuses on jurisdictions. Ever seen is unfair on balance and generally. Overly friendly to clean. Up. We have tiger drawers for this president of American Tort Reform Association. And tiger creek reaffirmed wrong -- One of the main reasons you drug break us is number twos have multi billion dollar lawsuit filed with the so these -- -- -- protection district right. Absolutely that's one of one of the cases that we cited. Not just the nature of the case but also the way that a decision making went into whether we should be file that. Where they're at themselves the question and -- -- period. Or company is owned repaired via form of board member of the new refuted the suit. And and one of the questions I ask of the legal experts have that we have on. If you and I have the legal agreement and in that agreement is very clear. But I say -- by damaged this area I will repair. And then they said yeah of course. Well. I've read it to the oil companies and an -- had given to the -- be -- parts. Do you wall. That says they have to go back and repair now put down on one side. The other side is. Worth city that everybody thinks were totally protected now we're. While we have will not protect those against the ultimate hurricane. Or of we keep losing wetlands and won't protect -- shortly at all we need fifty billion dollars we have -- -- close to that. When we look at oil company I think all of us agree all of us know when economic boom that's as. But it was a legal agreement and and -- it's you touched by the courts for buyers system. Proven that they didn't do what they said they were -- and they were responsible. At least for a portion loss of wetlands or what's wrong with. Well you know again I'm not an expert all the details of the case but at least it was our understanding that that there was. You know that the the nature of the overcame Katrina intervening factor -- -- we have to say. Yes it could happen put in terms of of putting your the courts usually require. Properly require protect causation. It and you know it it perhaps -- you know again all the -- you want sort of some of those particular. Details put the whole nature of the way that this was gone. It it is it and you know the door open meetings law the decision to file a lawsuit. And that entire process so that Pickens is much apart -- part of what we were focusing on. As well that there are that there are steps that need to be taken to protect the city. That that ought to be the process that's that's going to be open. And should be done you know and we have some. Behind closed doors so history. Where would you say you're not an expert on this or those that compiled this list you have experts on the. Well we've highlighted again -- some of the analysis that's been done not just on the substance of the case but also the process by which the decision was made. To -- the case. It and it -- it would -- not just you know to what what parties but it but also. We -- -- what Diaw would have major newspaper Baton Rouge. About. The Louisiana open meetings law. And the lack of public debate. Both the filing of the suit. And the predicament now have significant ones so. It is not a light mattered to be taken lightly. I think anytime while leadership of this of this -- -- It is is so it's an issue. And who -- looks good the BP Euro lawsuit that's another one of the measurement should use. And and BP of course his send their a lot of businesses we can showed little or no evidence that colts billed directly affected their business. But they're appealing for the funds and getting them anyway. And wouldn't win look to this talked well that's that that's pathetic and we do show honorable what I found out. Was BP was worn through three times by the judge. That look if -- Greenwood this. There are going to be those -- get mounted the don't deserve it I think it was three times. At least twice. Each time they said we fully understand no problem. Goes into place goes on this long. Now it's a problem they go to the fourth Circuit Court of Appeals which the law proposed strike out on -- they went there because it was a conservative court and would back PBP on it again and it looks like of legal agreement agreed to. In later nullified. Whereas when you do the blue collar people on the street if we sign a contract were held to work what what is it. When we get up into the upper Echelon. Signing a legal agreement doesn't seem to be illegal agreement. Well I archer I would agree that that's the that's that's the issue there added that it too lost and I take over over time I think you have. -- and investigation. By the former Soviet BI Louis freeh. You had the decision public inflation the fifth circuit. That -- -- At the conservative court. Right well fourth circuit loose reputed 101 as well. But that this circuit has and it has looked it looked at this issue. He it and you know I think that again the question for that we are looking yet. -- is. If if -- -- -- business. And obviously there's risk and there's the potential for significant damage. Injuries and -- a great tragedy associated with personal tragedy. Associated with. With this oil spill. But I think it will what we try to stick to step back and look at the question of what is it dependent supposed to do. Are they supposed to. Step up and take responsibility which is what BP did by setting up the settlement -- R&R they simply don't supposed expected to allow. Even if they're told that there may be. Some some individuals that may bring bring some some claimed that might might not pass. Test buster. That's one thing but I think what they have observed is the scope of of of these kinds of what matters. These types of claims as it got the point where. They believe that the legitimate claims are going to be -- I'm not speaking here for BP. This is what we've seen and again I think as we were the worst is safe distance away. But some -- -- some columnists have a note to deceive and called us from New York Times are from our perspective the question that there really have to come down to. Is what what precedent does this that. If it's. A situation where. It becomes as the columnist for the New York Times Jonas -- put it simply an ATM machine. A cash machine for any everybody and anybody. That the next time there's a spill. They're gonna fight everything to prevail I think that it's good that the better approach is to have a settlement upfront. Sort of people they can can properly be -- I I personally don't think it's -- get -- would. Take a position that it's really no excuse to say that you have to expect widespread fraud fraud should be the people. Who would master of the settlement claim should put -- -- priority of those people. Who have suffered the most direct damage. Compensate them appropriately. And then have a mechanism to ferret out the million invalid. One more important or run on time how is the American Tort Reform Association funded. We are on a membership organization we are we were created by. And in mid 1980s by the American consulting engineers council the American Medical Association. We have. Large businesses we have small businesses we have health care providers. We have not for profits they supported broad based agenda to promote balanced legal legal system. That that serves the interest of not only defendants but also consumers. Help. And they're impatient and others you have to build themselves of course. Allegra pretty shoot sunburned -- -- agreed holidays thank you to --