Sanctions and Fees: OWC Does Not Always Have Jurisdiction

Defendant, a medical facility, initially filed three disputed claims against Employer with the Office of Workers’ Compensation (OWC) because they had not been paid... More

Who’s Driving that Car?

As technology evolves, so does the law by which it is governed. One of the latest trends to arise from the tech community is... More

Liebeck, Move Over – There’s a New Plaintiff in the Coffee Game

Remember the “hot coffee case” (Liebeck v. McDonald’s Restaurants)? Well, now Starbucks is in the litigation crosshairs for its allegedly insufficient and falsely advertised... More

No Right of Action for Non-Party

In Ledet v. Robinson Helicopter Co., the Louisiana Court of Appeal for the First Circuit held an agreement between a plaintiff, who filed suit... More

Court Addresses Time to File Claim for Death Benefits in Occupational Disease Case

Decedent was a retired firefighter with the Jefferson Parish Fire Department.  He passed away on May 5, 2013.  On January 7, 2015, his widow... More

The Statutory Employer Defense: Can an Invalid Indemnification Clause Result in Big Liability?

Louisiana’s statutory employer defense grants a contractor the exclusive remedy provisions of the Louisiana Workers’ Compensation Act where there is a statutory employer relationship... More

Do Not Wait – Timely Evidence is Necessary in Discovery Disputes

In the course of the discovery phase of federal court litigation, parties oftentimes find themselves in a heated discovery dispute. One party seeks production... More

Court Gives Deference to Stipulations

In Cordon v. Parish of Glass of St. Tammany, Inc., the claimant, Carlos Cardon (“Cardon”), was unloading mirrors onto a truck owned by his... More

SMO Does not Interrupt Prescriptive Period

Claims cannot go on forever, and the party must eventually end. Thus, Louisiana claims often have prescriptive periods, the civil law equivalent of statutes-of-limitations.... More

Can a LLC Recover Damages for a Member’s Slip and Fall?

In Louisiana, corporations and business entities are juridical persons that often have rights similar to natural persons, i.e. humans. A recent decision by the... More