Update on Louisiana’s Jurisprudence Regarding the Duty to Preserve Evidence

We previously published an article regarding the preservation of Engine Control Module (“ECM’) Data. Louisiana jurisprudence tells us that there is no duty to... More

Criminal Act Exclusion: An Auto Accident Case Finding No Coverage

Criminal act exclusions are a ubiquitous provision in automobile liability insurance policies (if not all insurance policies). But what happens if someone asserting coverage... More

The Biggest Loser – Workers’ Comp?

Managing Member Alan G. Brackett and Associate Ava M. Wolf are co-authors of an “Attorney Analysis” workers’ compensation column for Reuters Legal News and... More

Duty to Preserve ECM Data: What Trucking Companies Need to Know

There is little Louisiana law regarding trucking companies’ duty to preserve Engine Control Module (“ECM”) data following a motor vehicle accident. An ECM is... More

Recent Louisiana Rulings on Motions for Summary Judgment: Part Deux

We recently reported on some of the latest Louisiana rulings on Motions for Summary Judgment. The Louisiana Supreme Court only just made another brief,... More

Louisiana Supreme Court Clarifies the Standard for Recovery Under a Claim of Negligent Infliction of Emotional Distress

In a recent case, Spencer v. Valero Refining Meraux, LLC, 356 So. 3d 936 (La. 01/27/23), the Louisiana Supreme Court clarified the standard for... 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

Recent Louisiana Rulings on Motions for Summary Judgment: Mover and Opposer Beware

Anyone litigating in Louisiana State Courts knows that Summary Judgment practice in recent years has been full of unseen pitfalls. A couple of recent... More

New Orleans Tractor-Trailer Accident Staging Update

News of convictions and guilty pleas have slowed recently in the accident staging ring involving tractor-trailers in the New Orleans area. Most recently, the... More

COVID, CAJUNs, AND RAW OYSTERS: Part Deux—Et Fin

In November, we reported that the Louisiana Supreme Court had granted writ of certiorari[1] to review the Louisiana Fourth Circuit Court of Appeal’s ruling... More