Insurance Defense
Louisiana Fourth Circuit Affirms Toxic-Tort Class Action
On July 7, 2009, a tank failure at a chemical facility in St. Charles Parish resulted in the release of a mixture of three... More
Plaintiff Attorneys Stake Out Position on Driverless Cars
The American Association for Justice (AAJ), a nonprofit advocacy and lobbying organization for plaintiff lawyers in the United States, recently issued a report on... More
Study Finds Medical Marijuana Reduces Need For Pain Medications
A recent study from the University of Georgia has concluded that states that pass medical marijuana laws tend to experience a significant decline in... More
Louisiana on the Forefront of Controversial “Right to Try” Laws
Louisiana’s “Right To Try” law, which gives terminally ill patients access to medicines not yet approved by the FDA, went into effect on August... More
$23 Million Punitive Damage Award Upheld by Louisiana Appellate Court
On June 29, 2016, the Louisiana Third Circuit Court of Appeal affirmed a jury’s award of $23 million in punitive damages to the family... More
Drilling Rig Exclusion Precluded Insured’s Reimbursement Claim Against Excess Insurer
The U.S. Fifth Circuit Court of Appeals recently addressed an insurance coverage question involving an excess insurer and an offshore injury. The Plaintiff was... More
Defense and Indemnity in Environmental Contamination Action
Litigation arose out of a demand for defense and indemnity for claims arising out of polychlorinated biphenyls (“PCBs”) contamination. From 1965 to 2006, Ward... More
Expert Testimony Not Necessary to Establish Medical Malpractice Claim
Plaintiff filed a medical malpractice claim against defendant. Defendant moved for summary judgment that the district court denied. Defendant appealed and argued that plaintiff... More
Failure to Maintain Sterilization Equipment Falls Under Purview of MMA
Plaintiff filed suit against a hospital when he developed an infection following spine surgery. Defendant filed an exception of prematurity, arguing that it was... More
Failure to Formally Cancel Policy Costs Insurer
A recent decision by the Louisiana First Circuit Court of Appeal demonstrates the importance of formally cancelling an insurance policy when coverage has lapsed... More