Insurance Defense
Court Enforces a “No Reemployment” Provision in a Longshore Settlement
California’s Second Appellate District issued an interesting unpublished case. In Homeport Insurance Services, Inc. v. Lundy, the court addressed whether a “no reemployment” provision... More
Bar Not Responsible For Patron’s Death
A mother brought a wrongful death and survival action against a bar that sold alcohol to her minor son, alleging that the son’s fatal... More
Removal to Federal Court Upheld
Plaintiff, a Louisiana resident, filed suit in state court seeking damages for bodily injuries suffered as a result of an automobile accident. The defendant... More
No Harm, No Foul For Naming Incorrect Defendant in Lawsuit
Author: Tyler A. Moore Plaintiff was a guest at the Clarion Hotel in Alexandria when she allegedly tripped over an uneven surface while walking... More
Unless Confirmed by Court, Arbitration Award Cannot Preclude Future Litigation
Author: Wilton E. Bland, IV Louisiana’s First Circuit Court of Appeals recently addressed the application of res judicata in the context of an unconfirmed... More
Slip-And-Fall Plaintiff Successful In Negligence Suit Against Restaurant
Author: Trevor M. Cutaiar 68-year-old Cora Ann Ball (“plaintiff”) injured her right shoulder, neck and low back in a slip-and-fall accident at a local cafateria. ... More
Post Traumatic Stress Disorder Litigation
When the attorney for a person allegedly injured in an accident filed his lawsuit, he would almost without exception, include claims for anxiety, stress... More
Sidle Your City’s Sidewalks
Author: Patrick J. Babin The Supreme Court of Louisiana heard a personal injury matter to determine whether the Village of Moreauville kept its sidewalk... More
Presumption in Favor of Treating Physician Does Not Afford Unlimited Credibility
Author: Trevor M. Cutaiar In many personal injury cases, the amount of damages that are awarded to an injured plaintiff can depend largely on... More
Scheduling of Discovery Conference Interrupted Abandonment of Suit
Louisiana Code of Civil Procedure Article 561 provides, subject to certain enumerated exceptions, that “[a]n action… is abandoned when the parties fail to take... More