Get Involved
Civil Justice Priorities Finally Set for Hearing in House Civil Law
After weeks of delay, two key civil justice priorities strongly supported by LABI are getting hearings Monday. Both measures are set for House Civil Law—an important opportunity to advance reforms that strengthen fairness, transparency and predictability in Louisiana’s legal climate.
HB 1089 by Rep. Dennis Bamburg (R-Bossier City)
HB 1089 addresses a long-standing challenge in the civil justice system: how future medical awards are managed after a lawsuit. Under current practice, courts often award large lump sum payments for future medical care with no guardrails on how those funds are spent.
This bill creates a more responsible and patient-focused approach by establishing CARE Accounts—dedicated money market accounts designed specifically for future medical expenses.
Under HB 1089:
- Future medical awards would be deposited into a CARE Account rather than paid as an unrestricted lump sum.
- The account would function similarly to a Health Savings Account, with spending limited to qualified medical expenses based on existing medical codes and standards.
- Funds would be available throughout a claimant’s lifetime for legitimate medical needs.
This reform ensures injured individuals have reliable access to long-term care while reducing the risk of funds being misused or exhausted prematurely. By promoting accountability and transparency, the bill helps ensure awards fulfill their intended purpose: providing care when it is actually needed.
HB 437 by Rep. Michael Melerine (R-Shreveport)
HB 437 reinforces a foundational principle of the justice system: expert witnesses must be neutral, independent sources of specialized knowledge—not financially-invested advocates.
Expert testimony frequently determines whether cases move forward or fall apart. When experts have a financial stake in the outcome, it undermines confidence in court decisions and can distort the pursuit of truth. HB 437 provides targeted updates to Louisiana law to ensure expert testimony admitted in court is reliable, objective and free from outcome-based financial influence.
HB 437:
- Prevents experts with outcome-based financial interests from testifying: compensation tied to case results would be prohibited, while standard fees for time and expertise remain fully allowed.
- Clearly defines “pecuniary interest: the legislation narrowly targets only outcome-based incentives and does not restrict normal expert compensation or employment relationships.
- Strengthens judicial gatekeeping: judges must evaluate reliability and neutrality before testimony reaches the jury, aligning Louisiana with modern federal evidentiary standards.
- Improves transparency: experts must disclose past cases where they held outcome-based financial interests.
Importantly, the legislation applies equally to all parties and does not limit access to qualified experts. Instead, it ensures that unreliable or financially conflicted testimony is addressed before trial, protecting the integrity of the judicial process.
Together, these reforms represent meaningful steps toward a more predictable and trustworthy legal environment—one that supports fair outcomes while helping Louisiana remain competitive for investment and job creation.