The Louisiana Court of Appeals’ 1979 ruling in Thompson v. Iberville Parish School Board provides insight into what factors should be considered when asking if a teacher has inappropriately punished a student. This decision reversed a previous ruling in favor of an Iberville Parish elementary school student and found in…
In the face of the looming oil slick many estuaries and fishing grounds are being closed, leaving hundreds of Louisiana fishermen out of work. As the oil pours into the Gulf, many fishermen are wondering what’s next. While many questions are still up in the air there are a number…
With so many fishermen left out of work, individuals throughout the Gulf Coast are beginning to worry about their future. The Oil Pollution Act provides a legal solution but the ensuing lawsuits will not be helpful in the present. There are two British Petroleum programs that affected fishermen need to…
In light of some of the more current events affecting citizens of Louisiana, it is important to know and understand property rights resulting from personal property damages from oil spills. Especially in the Gulf region where this event seems to be more common than it should be, you may be…
In a previous post, we explored the role of the Oil Pollution Act (OPA) and the Oil Spill Liability Trust Fund (OSLTF) in compensating Louisiana residents who incur oil removal and clean-up costs. These funds are also available for coastal residents who suffer property damage as a result of an…
In Mallett v. McNeal, 939 SO.2d 1254, 2005-2289 (La. 10/17/06), the Supreme Court of Louisiana held that an unconditional payment of a property damage claim constitutes an acknowledgement sufficient to interrupt prescription. Thus, for example, an insurance company’s tender of an unconditional payment to an injured third-party claimant is an…
A patient visiting Lake Charles Hospital, located in Calcasieu Parish, filed a lawsuit against his treating physician alleging the doctor was negligent while diagnosing his symptoms. After the patient was hospitalized, the doctor ordered a stress test. Just minutes after the start of the test, the patient began to suffer…
The Louisiana Third Circuit Court of Appeals recently ruled in favor of the owner of a Lafayette hardware store and affirmed the trial court’s granting of Summary Judgment against a customer who was bitten by a spider while shopping there. While in the store, Lee Johnson picked a rosebush from…
In the aftermath of the explosion of the Deepwater Horizon and the disastrous oil spill that now encroaches on Louisiana’s coastline, many individuals and business will be looking for a way to handle the massive financial burden associated with clean up and recovery. Luckily, the law provides a way for…
The massive oil slick drifting ominously in the Gulf of Mexico has state officials worried for the health of Louisiana residents who live along the coast. Since April 20, when the oil rig Deepwater Horizon exploded and subsequently sank, oil has been flowing into the Gulf at a rate of…