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

Ime Parameters Revisited: A New Restriction Framework for Louisiana Additional Medical Examinations

In April, 2021, we reported on a case involving restrictions on Independent Medical Examinations.  Though that opinion was unpublished, it seemed to be out... More

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

Louisiana Legislation Mandating Coverage for Permissive Use of Non-Owned Vehicles Signed Into Law

We previously reported regarding proposed House Bill 870 which will require all insurers to provide coverage when any insured is driving a non-owned vehicle... More

Fifth Circuit Court of Appeals Denies COVID-19 Business Interruption Claim Consistent With Trend Across All Federal Circuit Courts

Since the COVID-19 pandemic, businesses affected by state-mandated closures have been filing business interruption claims to seek compensation for their lost income, profits, and... More

Proposed Louisiana Legislation Seeks to Mandate Coverage for Permissive Use of Non-Owned Vehicles

In the current 2022 session of the Louisiana legislature, there is a proposed bill, House Bill 870, that would require all insurers to provide... More

Louisiana Supreme Court Defines “Good Cause” Required for Defendant to Obtain AME

The Louisiana Supreme Court recently issued a very significant ruling in a personal injury lawsuit regarding what a Defendant is required to show in... More

Cases of Interest from the U.S. Fifth Circuit

Lefebure v. D’Aquilla, 15 F.4th 650, (5th Cir. Oct. 5, 2021) petition for certiorari pending The Fifth Circuit recently stood by a nearly-50-year-old Supreme... More

Football Team Not Liable for Accident Caused by Off-Duty Sheriff Deputy During Police Escort

The Tampa Bay Buccaneers played the New Orleans Saints at the Mercedes-Benz Superdome on September 20, 2015. Despite being down nine points at the... More

Recent Changes in the Louisiana Code of Civil Procedure

The Louisiana Code of Procedure had a few updates that came in effect in the beginning of 2022 that are of note. Say “good bye”... More