Sometimes you get hurt while working and it’s neither your fault nor your employer’s fault. In those cases the person that hurt you is called a “Third-Party Tortfeasor.” However, because you were hurt while working you may have rights to not only sue the person who hurt you but to…
Louisiana Personal Injury Lawyer Blog
Orleans Parish District Court’s Interpretation and Application of the Louisiana Genetic Information Non-Discrimination Act is Affirmed on Appeal
Imagine growing up with a genetic disorder and having to struggle with the difficulties that these disorders bring to people and their loved ones. Nobody chooses to have a genetic disorder, and if severe enough the disorder can cause major setbacks in a person’s life. Even with protections in place…
Improper Designation of Final Judgment in St. Tammany Parish Leads to Dismissal for Lack of Appellate Jurisdiction
Courts are not perfect, and sometimes they do not always render the correct decision. When a court makes an error in their judgment it can be very frustrating for all of the parties involved. Error can be very costly especially when a major issue, like finding coverage for a victim…
Does an Insurer’s “Duty to Defend” Extend to Pre-Lawsuit Settlements in Louisiana?
Has your business sought to avoid litigation over its insured business activities by negotiating an out of court settlement? Louisiana business Meyers Warehouse, Inc. (“Meyers) pursued this route assuming its insurer, Canal Indemnity Company (“Canal”), would join Meyers in settlement negotiations. However, to its surprise, Canal refused to participate in…
Sunken Boat in Gulf of Mexico Leads to Lawsuit That Invokes Discussion of “Negligence vs. Gross Negligence” Standards
Servicing drilling platforms is big business in the Gulf of Mexico. To transport pipes and other supplies out to the oil platforms ships or large vessels are often used. Unfortunately not all vessels are in “shipshape” as a recent case out of the Eastern District of Louisiana shows. On May 28,…
Police’s Use of Tear Gas at New Iberia Louisiana Sugar Cane Festival Leads Courts to Analyze Class Action Certification Standards
On September 24, 2006, New Iberia, Louisiana held its annual Sugar Cane Festival (“Festival”). Festival goers tend to enjoy, among other things: sugar cookery contests, photography shows, art shows, music, and a wide variety of food. However, on this particular day, those in attendance were exposed to tear gas deployed…
St. Tammany Parish Alleged Fail Air Bag Louisiana Products Liability Act Lawsuit Dismissed
Car accidents are among the most common reasons for a lawsuit. An average car accident is often difficult to conclude which party is at fault. Issues are further complicated if insurance claims are involved. Who is truly at fault for the accident if a vehicle malfunctioned? A trial becomes increasingly…
Catahoula Parish Prison Lawsuit From Inmate Burned by Furnace Dismissed
Accidents occur in daily life. Often, severe injuries result. However, prison accidents rarely are discussed. Prisoners who are victims of accidents while serving time are often provided with the same legal protections as an average person. Mr. Fisher was serving time in Louisiana. During his time incarnated, Mr. Fisher worked…
Orleans Parish Case Sent Back to Trial Court for Evidentiary Hearing over Relevant Evidence and Arbitration Clause Validity
What happens if the trial court makes a mistake? The case can work its way through the court of appeals and even the state supreme court just to be sent back to trial court to begin again. This case involves a lawsuit filed in Louisiana court by a transportation company (“Star”) against…
Louisiana Law Gives The Office of Workers’ Compensation Administration Exclusive Subject Matter Jurisdiction
Not just any court can hear any case. Depending on certain factors, your local court may not be the right choice to bring your matter. A New Orleans attorney found this out the hard way in a recently decided case. The matter arises out of a situation where the court…