Institute for Justice’s Post

Louisiana Governor Jeff Governor Landry, who recently signed a bill that mandates that every school in Louisiana post the Ten Commandments, said that he proposed elimination of the Housley presumption in this legislative session, but he did NOT. Landry may be socially conservative, but he is fiscally liberal. He is just like every other politician who coddles the plaintiff's personal injury bar. For those who don't know the personal injury plaintiff's bar love the jurisprudentially created presumption that if a plaintiff claims he/she was not hurting before an accident and began to hurt after the accident, then the accident must be the cause of the accident. This is the "Housley presumption," but besides being a logical fallacy of Post Hoc "post hoc ergo propter hoc" (after this, therefore because of this), it does not follow biomedical peer-reviewed scientific literature. As I recall reading the action on the legislative bills related to the Housley presumption, in Louisiana’s 2024 Regular Legislative Session, State Representative Melerine introduced House Bill 24, which would legislatively overrule the Housley Presumption. HB 24 would create a new article in Louisiana’s Civil Code, Art. 2315.12, stating that Art. 2315.12. Presumption of causation of injuries: 1. The lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim for personal injury. The provisions of this Article shall not apply to personal injury claims brought pursuant to the Louisiana Workers’ Compensation Law. 2. This new code article would require a Plaintiff to maintain his or her full burden of proof on causation rather than allowing the Plaintiff to rely on the prior judicially-created presumption on causation. The text of the bill would further make this law prospective only, and “shall not apply to causes of action filed prior to the effective date of this Act” [emphasis added]. This bill passed Louisiana’s House of Representatives on March 21, 2024, by a vote of 75-25-5. It will next go to Louisiana’s Senate for review and approval. In the last attempt to overrule Housley in 2020, the bill passed both houses of Louisiana’s legislature, only being defeated on veto. The current legislation passed both houses in some form, but Governor Landry vetoed the bill to eliminate the Housley presumption. It’s clear that Louisiana Governor Jeff Landry ignores that the “working class” of Louisiana work for trucking companies, oil & gas industries, hospitals, schools and ALL of the businesses and industries that are unable to hire the working-class folks because they pay too much insurance costs because the laws are NOT insurance/business/industry friendly in Louisiana. Go ahead and post the Ten Commandments in Louisiana schools while businesses continue to leave Louisiana resulting in reducing the tax base to improve education.

July brings a wave of new Florida laws. Just what are they? Key areas impacted include education, healthcare, and labor laws. Make sure to review these new laws to understand how they might affect you and your community. 🌴📝 https://lnkd.in/eGBXV5ax #FloridaLaws #StayInformed #CommunityUpdate #Winstonlaw

Unravel the potential impact of Senate Bill 157 on the professional landscape! This bill introduces a groundbreaking preclearance process in licensing applications for individuals with criminal records, aiming to break down barriers to employment. Why is this powerful for the business community? Simple – a skilled and diverse workforce is key to innovation and success. By supporting initiatives like SB 157, businesses contribute to a more inclusive environment, tapping into a pool of talent that might otherwise face challenges in securing employment. Let's explore how this measure, although overlooked on the House Rules calendar last year, can be a game-changer for both justice-involved individuals and businesses alike. Read more: https://lnkd.in/gMFqPriT #BusinessImpact #InclusiveWorkforce #SenateBill157 #ProfessionalDevelopment

Both licensees and state counseling boards must pay fees to participate in the Counseling Compact. These fees will be in addition to renewal fees of your LPC license. Will you need to pay fees for each state you want the Privilege To Practice? What we know about: Fees Extra Exam Fees Fees To The State Will These Fees Be Passed Onto LPC licensees? Will you need to pay fees for each state you want the Privilege To Practice.? Get answers to these questions as they become known. Many states that have passed compact legislation also provided their governments with fiscal analysis aimed to estimate the costs to the state. State boards will individually set these fees therefore they will vary.  Colorado has successfully allocated monies for a full-time employee and general administrative costs. https://lnkd.in/e9MDTffj #counselingcompact #mentalhealth #telementalhealth

Check out Innovation for Justice (i4J)'s new tool for leaders interested in developing community-based justice worker programs!

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What we need in Louisiana is REAL strong tort-reform which includes: 1.       Repayment of the amount paid, not the amount charged in medical expenses,  2.       Judicial appointments, NOT elections, that are limited to ten years, 3.       Elimination of third-party funding of medical expenses, 4.       Elimination of Housley presumption. Governor Landry said he proposed elimination of the Housley presumption, but he did NOT. As I recall reading the action on the legislative bills related to the Housley presumption: In Louisiana’s 2024 Regular Legislative Session, State Representative Melerine introduced House Bill 24, which would legislatively overrule the Housley Presumption. HB 24 would create a new article in Louisiana’s Civil Code, Art. 2315.12, stating: Art. 2315.12. Presumption of causation of injuries The lack of a prior history of an illness, injury, or condition shall not create a presumption that an illness, injury, or condition was caused by the act that is the subject of the claim for personal injury. The provisions of this Article shall not apply to personal injury claims brought pursuant to the Louisiana Workers’ Compensation Law. This new code article would require a Plaintiff to maintain his or her full burden of proof on causation rather than allowing the Plaintiff to rely on the prior judicially-created presumption on causation. The text of the bill would further make this law prospective only, and “shall not apply to causes of action filed prior to the effective date of this Act” [emphasis added]. If the matter passes the legislature, we might expect a few cases by Plaintiff with pre-existing conditions to be filed with the courts in a hurry. This bill passed Louisiana’s House of Representatives on March 21, 2024, by a vote of 75-25-5. It will next go to Louisiana’s Senate for review and potential approval. In the last attempt to overrule Housley in 2020, the bill passed both houses of Louisiana’s legislature, only being defeated on veto from the Governor of Louisiana, Jeff Landry. Just like John Bel Edwards, Landry was pro-life but anti-business and industry. The working-class people have been bamboozled by politicians since Huey Long in early 1900s and nothing has changed in over 100 years. I will be sure to be the last one in Louisiana who cuts the lights off. Renee Amar Randy Guillot Will Green Arthur Yandle Bart McKay Chris Kurzner Curtis Ruwe Daniel Majure Donald Orr Don Page, AIC Eric McConnell Gary Flaherty Gary Gauthreaux Gabrielle Glorioso, M.S. Howard Bryson, AIC, SCLA Hunter Jenks Jim Garvey Kathy Raymer Lou Tabor

Did you know that estate planning isn't just for older adults? College students can benefit greatly from having key documents before heading off to campus. A HIPAA authorization, health care power of attorney, and durable financial power of attorney are essential to ensure that parents can make crucial medical and financial decisions if needed. Don't leave your child's future to chance. Schedule a free Peace of Mind Planning Session with Attorney Lesly R. Devereaux, ESQ today! https://lnkd.in/egpvbjQJ #EstatePlanning #CollegeReady #FutureProofYourLegacy

You guys are ready to comply with the 300+ new laws that took effect in Illinois in 2024, right? That’s right, more than 300 hundred new laws took effect in Illinois on January 1, 2024. The legislation includes at least eight new laws or amendments affecting Illinois employers. These include new requirements for paid time off, transportation benefits, and access to records. Not all of the new laws directly target employer relationships. One new law restricts interaction between humans and bears or nonhuman primates. It is unclear whether this protects the humans or the bears/non-human primates. Senate Bill 1886 restricts a judge’s ability to order a defendant to refrain from alcohol or cannabis as part of a criminal sentence. Every vote counts? Illinois Senate Democrats published an 18-page list of the new laws (link in the comments). Illinois employers need to familiarize themselves with many of these laws. For more details on the new laws impacting employers, Golan Christie Taglia LLP’s synopsis is linked in the comments as well.