Author: J. Edward McAuliffe, III
Louisiana’s Rear-Ending Motorist Presumption in a Disputed Fact Scenario
Under Louisiana law, a motorist who rear-ends another vehicle is presumed to be at fault based on interpretations of La. R.S. 32:81(A). This presumption... More
Recent Louisiana Ruling on Collateral Source Rule
Last year, we reported to you on two federal district judge’s rulings regarding the interplay of the collateral source rule and medical financing in... More
MBLB Attorneys Win Appeal, Overturning Partial Summary Judgment for Plaintiff
MBLB attorneys C. Michael Parks and J. Edward McAuliffe, III, recently won an appeal overturning the district judge’s granting of Plaintiff’s partial summary judgment... More
Contractor Fraud in Post-Ida Louisiana
In the wake of Hurricane Ida, massive amounts of building and repairs will be undertaken in south Louisiana. This means the influx of large... More
Louisiana Legislation on New Crime of Staging Motor Vehicle Accidents Moves Forward
We previously reported to you on a new crime being proposed by the Louisiana Legislature relative to “staging of a motor vehicle accident.” This... More
Stopping on a Highway: Louisiana Supreme Court Rules in Favor of Defendants
In its recent per curiam decision in Synikia Hester et al. versus Bryant Walker et al., 2020-CC-1278 (La. 05/13/2021)[1], the Louisiana Supreme Court overturned... More
Proposed Louisiana House Bill Provides for New Crime of Accident Staging
Anyone engaged in the trucking and transportation industry in Louisiana is familiar with the recent run of staged accidents. A mix of Federal attorneys,... More
Independent Medical Examinations and Restrictive Conditions
Independent Medical Examinations (IMEs)—or, “additional medical examinations,” as they are now termed in Louisiana law—are part and parcel of the typical personal injury case... More
Two Strange Cases Highlight the Need for a Plaintiff to Keep His Dates Straight
In Louisiana, what most states refer to as the “statute of limitations” is called a “prescriptive period.” Just like a statute of limitations, this is... More
H.R. 3781 UPDATE: Improving National Safety by Updating the Required Amount of Insurance Needed by Commercial Motor Vehicles per Event (INSURANCE) Act of 2019
In November, we reported on pending legislation in the U.S. House of Representatives, H.R. 3781—the “Improving National Safety by Updating the Required Amount of... More