Insurance Defense
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 Though that opinion was unpublished, it seemed to be out...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
Recent Louisiana Ruling on Collateral Source Rule
Last year, we reported to you on two federal district judge’s rulings regarding the interplay of the collateral source rule and medical financing in... More