First Circuit Affirms Owner Not Liable in Premise Liability Case

In a recent premises liability case, Cosse v. Lafarge North America, Inc., 2020 CW 1183 (La.App. 1 Cir. 04/01/21), the Louisiana First Circuit Court... 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

MBLB Casualty Team Deals Double Whammy in Industrial Accident Lawsuit 

Member Trevor Cutaiar successfully argued two motions in Louisiana state court in a hotly contested personal injury lawsuit arising out of an industrial accident.... More

Will the Duty to Mitigate Damages Apply in Cases Under the Civil Justice Reform Act of 2020?

On June 30, 2020, the Louisiana Legislature passed House Bill 57, the Civil Justice Reform Act of 2020, which represents a compromise on the... More

U.S. District Court for the Eastern District of Louisiana Rules on Discoverability Issues Presented by Collateral Source Rule

Nannette Brown, Chief Judge of the U.S. District Court for the Eastern District of Louisiana, issued an Order and Reasons affirming Magistrate Judge Michael... More

Mike Parks Wins Verdict in Favor of Defendant Uninsured/Underinsured Motorist Insurer

Member Mike Parks won a defense verdict in November 2020 in the 21st Judicial District Court in Tangipahoa Parish in favor of the Defendant Uninsured/Underinsured... 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

Insurer-Specific Multi-District Insurance Litigation Uncertain With Scores Of COVID-Related Business Interruption Claims

With so many businesses affected by nationwide shut-downs due to COVID-19 this year, businesses across the country have begun filing “business interruption” claims against... More

Second Injury Fund Not Entitled to Audit Medical Expenses Paid by Insurer in Workers’ Compensation Case

In the First Circuit case of Nationwide Agribusiness Insurance Company v. State Workers’ Compensation Second Injury Board, 2020 WL 3287042, 2019-1101 (La.App. 1 Cir. 6/18/20),... More

In Recent Maritime Tort Action Eleventh Circuit Says Jury Should Decide Medical Damages

In a recent case, Higgs v. Costa Crociere S.P.A., 969 F.3d 1295 (11th Cir. 08/1420), the Eleventh Circuit found that in a maritime tort action,... More