From The Louisiana Record:

A white paper by Emory University Law Professor Joanna M. Shepherd examines the costs and consequences of the Louisiana Unfair Trade Practices and Consumer Protection Law (LUTPA), but not everyone agrees with her assessment.

The 26-page report published by Shepherd and the American Tort Reform Foundation, examines the history and origins of LUTPA, and analyzes data on related litigation to reach the conclusion that LUTPA has become less effective over time.

“Indulgent amendments and overly permissive interpretations of LUTPA have allowed enterprising litigants and lawyers to bring claims unrelated to the original intent of the legislature,” the report states.

According to a chart in the paper, the number of unfair trade practices and consumer protection law cases published in Louisiana has trended upward from an average of 1.1 cases per 100,000 people in 2005 to slightly more than 1.8 cases per capita in 2009. Nationally, the number of cases published has also grown, but at a fairly steady rate, whereas Louisiana saw a drastic jump from 1.4 in 2006 to 1.9 in 2008.

Tad Bartlett, an attorney at Jones Swanson Huddell and Garrison LLC, told the Louisiana Record that Shepherd’s numbers do not account for the fact that LUTPA-only lawsuits are rare. Click here to read the full article.

Contact Tad Bartlett