Insurance Defense
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
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
MCS-90 Endorsement Versus Insurance Liability Coverage
The United States Court of Appeals for the Fifth Circuit recently ruled that an MCS-90 Endorsement to a commercial trucking insurance policy was limited... More
District Court Stays Direct-action Claim Against Insurers Pursuant to Bankruptcy Stay Provision
In a pending asbestos case, the U.S. District Court, Middle District of Louisiana, recently stayed a direct-action claim against two insurers pursuant to the... 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