In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a trial court’s ruling that had dismissed a plaintiff’s uninsured motorist (UM) claim against her insurer, USAA, based on a previous settlement with the at-fault driver’s insurance company. The case, Tonyel Singleton v. United Services Automobile Association, highlights…
Articles Posted in Litigation
Street Collapse and the Question of Notice: Court Reopens Case Against City and Contractor
In a recent decision, the Louisiana Court of Appeal, Fifth Circuit, overturned a summary judgment in favor of the City of Kenner and Veolia Water North America-South, LLC, in a personal injury case. The case, Candido Perdomo v. City of Kenner and Veolia Water, involved a garbage collector, Candido Perdomo,…
Manual Labor Trumps Independent Contractor Status: Court Secures Workers’ Compensation Benefits for Deceased Worker’s Family
In a significant victory for the family of a deceased worker, the Louisiana Court of Appeal has overturned a previous ruling, ensuring they receive workers’ compensation death benefits. The case, Orozco v. Filser Construction & Aries Building Systems, Inc., centered around the complex issue of determining whether Serna Jr. was…
No Financing, No Closing, No Problem: Court Upholds Stipulated Damages in Failed Real Estate Deal
In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction. The case centered on a failed real estate purchase agreement, underscoring…
Seaman or Not? Court Reverses Summary Judgment in Deepwater Horizon Cleanup Worker Injury Case
In a case stemming from the aftermath of the Deepwater Horizon oil spill, the Louisiana Court of Appeal, Fourth Circuit, recently reversed a trial court’s summary judgment, highlighting the complexities in determining a worker’s status in maritime injury cases. The case, Nathaniel Smith v. H&E Tugs LLC and Lawson Environmental…
New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language
In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward…
Wrongful Service, Case Dismissed: Louisiana Court Stresses Proper Procedure in Medical Malpractice Suit
In a recent decision, the Louisiana Court of Appeal, Fourth Circuit, overturned a trial court ruling in a medical malpractice case involving the death of Nicole Phillips. The case, Jamal Wright et al. v. The State of Louisiana, O/B/ of Jamie Alleyn, M.D., et al., highlights the critical importance of…
Louisiana Court Affirms Liability of Great Lakes Dredge and Dock in Jones Act Case
In a recent ruling, the Louisiana Court of Appeal, Third Circuit, upheld a trial court’s decision regarding the liability of Great Lakes Dredge and Dock Co., LLC, in a personal injury case brought by Tracy Collins under the Jones Act and general maritime law. The case centered around an incident…
Louisiana Court Reverses Summary Judgment in Legal Malpractice Case, Underscoring Importance of Contractual Claims in Insurance Disputes
In a recent decision, the Louisiana Court of Appeal reversed a summary judgment granted in favor of attorneys in a legal malpractice lawsuit. The case, highlights the critical distinction between contractual and delictual claims in insurance disputes and the potential impact on the applicable statute of limitations. Michael Belanger was…
Understanding the Finality of Workers’ Compensation Settlements
Navigating the workers’ compensation system can be overwhelming when you’ve been injured on the job. You may be tempted to accept a quick settlement to cover immediate medical bills and lost wages. However, it’s crucial to understand the long-term implications of such a decision. A recent Louisiana case highlights the…