The Louisiana Supreme Court sent a concerning message to tort reform supporters when it surprisingly reversed its own earlier decision, which lowered an almost $19-million judgment awarded to a commercial truck driver severely injured in a 2018 auto accident in Barber Brothers Contracting Company, LLC v. Capitol City Produce Company, LLC, et al. This ruling is viewed as a gut-punch to a state desperately in need of an improved tort environment.

According to the Louisiana Association of […]

Several courts have adopted a nonsensical principle that, as one court put it, “[w]hen documents are prepared for dissemination to third parties, neither the document itself, nor preliminary drafts, are entitled to immunity.” Burton v. R.J. Reynolds Tobacco Co., 170 F.R.D. 481, 485 (D. Kan. 1997). Stated bluntly, that does not make sense. But even some circuit courts have adopted that curious approach.

In Taylor v. County of San Bernardino, the court articulated an odd variation on […]