The Coalition for Common Sense (CCS) is comprised of professional associations, companies, and individuals committed to passing legislation in Louisiana that ensures a fair legal climate for both truly impaired individuals and small and large businesses operating in the state.

Formed in 2008, the group was successful in passing legislation to clarify the rules on expert witness testimony, which saves the courts both time and money. However, the need for additional civil justice reform continues. In a recent statewide survey conducted by Southern Media and Opinion Research and sponsored by CCS and Louisiana Lawsuit Abuse Watch, 83 percent of the state’s voters believe lawsuit reform is needed. The survey also found a large majority believe there are too many lawsuits in Louisiana, and that lawsuit abuse costs jobs and hurts the state’s economy. Click here to read more results from the survey.

Why do residents in Louisiana say civil justice reform is needed?

-       In 2010, Louisiana was ranked as having one of the least fair and reasonable court systems in the United States in a national survey of more than 1,000 attorneys representing many of the nation's largest employers. Louisiana courts placed 49th out of 50 for legal fairness, just ahead of West Virginia.  The survey was sponsored by the U.S. Chamber of Commerce Institute for Legal Reform.

-       From damage awards, to venue requirements, jury fairness and judicial impartiality, Louisiana ranked poorly in all categories. Moreover, New Orleans was specifically noted as one of the ten worst local court jurisdictions in the country.

-       The American Tort Reform Association has described some areas of the state as "judicial hellholes" because of the conduct of some judges who do not apply the law evenhandedly to all litigants and do not conduct trials in a fair and balanced manner.

-       But it’s not just national groups that say lawsuit abuse is a problem.  Individuals and small business owners who live and work in Louisiana also recognize that lawsuit abuse is a serious problem.  In 2008, Public Opinion Strategies released key findings from a survey of Louisiana business decision makers regarding perceptions of lawsuits. They found that 89 percent of Louisiana’s small business owners think frivolous lawsuits hamper the state’s business climate. 

-       Auto insurance rates have climbed steadily in Louisiana in recent years, and they are now the second highest in the nation, with the average driver paying an annual premium of $2,453.  According to the National Association of Insurance Commissioners, two of the main reasons for this are the loose nature of Louisiana’s laws and the litigious nature of our citizenry.

 In addition, Louisiana’s very own watchdog group, Louisiana Lawsuit Abuse Watch released a report in February 2011 that analyzed eight of the state’s largest municipalities and determined these local governments spent more than $52 million spent on lawsuits, including settlements, verdicts and outside counsel from 2006 - 2009. For the nearly 3,000 lawsuits filed against the group of municipalities during the period, the number of suits per year increased from 706 in 2006 to 814 in 2009 — an increase of 15 percent over the period. To read the full report, click here.

CCS will continue to pursue legislation that will help ensure a fair legal climate for all in Louisiana. Also, we will support candidates in the 2011 election who are committed to improving the state’s civil justice system.