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

Louisiana Supreme Court Rules UM Waiver Invalid Without Insurer’s Name on Selection Form

In a ruling of December 9, 2022, the Louisiana Supreme Court, in Berkley Assurance Company v. Melissa Willis as Parent/Guardian of Macy Lee Willis... More

COVID, Cajuns and Raw Oysters: A Tale of Business Interruption Insurance

Since the start of the COVID-19 pandemic and lockdowns, there has been a brewing and boiling conflict between business owners and their insurers. Did... More

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