Author: Phillip Prejean
Louisiana Bad Faith Insurance Laws Apply for Out-of-State Motor Vehicle Accidents for Policies Issued in Louisiana
Under La. C.C. art. 3537, the Louisiana Third Circuit Court of Appeals decided in Ducote v. Progressive, 25-643 (La. App. 3 Cir 08/12/26) that... More
Update on Proposed Louisiana Bills That Aim to Curb Excessive Damage Awards
Several bills in the Louisiana 2026 Regular Legislative Session aim to curb excessive damage awards in Louisiana tort cases. On March 13, 2025, we... More
Proposed Louisiana Bills Aim to Curb Excessive Damage Awards
The Louisiana 2026 Regular Legislative Session began on March 9, 2026. Several bills aim to curb excessive damage awards in Louisiana tort cases. We... More
Louisiana Second Circuit Reaffirms Limitations on Sudden Emergency Doctrine
In Connell v. Richwood Gardens, Inc., the Louisiana Second Circuit Court of Appeal reaffirmed limitations on the sudden emergency doctrine. Sudden Emergency Doctrine Under... More
FAIR Trucking Act: Relief From Unfair Nuclear Verdicts
From 2010 to 2019, nine out of 10 personal injury verdicts in the United States over $10-million dollars (“nuclear verdicts”) were verdicts made in... More
Louisiana Supreme Court Requires Plaintiff Submit to Multiple Additional Medical Exams
The Louisiana Supreme Court recently wrote a per curium opinion, affirming a defendant may have a plaintiff submit to multiple additional medical exams from... More
Louisiana Commercial Vehicle Owners, Lessors, and Operators Have No Duty to Install Optional Equipment, Under LA RS 9:2791.1.
During the 2024 regular session, the Legislature of Louisiana passed Act 490, Section 1. R.S. 9:2791.1, limiting liability for commercial vehicles. The law should... More
The Open and Obvious Defense: Louisiana Supreme Court Clarifies Prior Decisions
The open and obvious defense is a common defense in any slip and fall case in Louisiana. Despite its frequent use, courts have been... More
Use of Third Party Billing Agent Not Enough to Invoke Collateral Source
In the personal injury lawsuit, Walter George v. Progressive Waste Solutions of LA, Inc., 2022-CC-01068, the Louisiana Supreme Court found that the collateral source... More
Defendant Asserting Comparative Fault May Appeal a Summary Judgment Dismissing a Co-Defendant
In Amedee v. Aimbridge Hosp. LLC, 2021-01906 (La. 10/21/22), the Louisiana Supreme Court resolves a circuit split and holds a defendant pleading comparative fault... More