Insurance Defense
First Circuit Affirms Owner Not Liable in Premise Liability Case
In a recent premises liability case, Cosse v. Lafarge North America, Inc., 2020 CW 1183 (La.App. 1 Cir. 04/01/21), the Louisiana First Circuit Court... More
Independent Medical Examinations and Restrictive Conditions
Independent Medical Examinations (IMEs)—or, “additional medical examinations,” as they are now termed in Louisiana law—are part and parcel of the typical personal injury case... More
MBLB Casualty Team Deals Double Whammy in Industrial Accident Lawsuit
Member Trevor Cutaiar successfully argued two motions in Louisiana state court in a hotly contested personal injury lawsuit arising out of an industrial accident.... More
Will the Duty to Mitigate Damages Apply in Cases Under the Civil Justice Reform Act of 2020?
On June 30, 2020, the Louisiana Legislature passed House Bill 57, the Civil Justice Reform Act of 2020, which represents a compromise on the... More
U.S. District Court for the Eastern District of Louisiana Rules on Discoverability Issues Presented by Collateral Source Rule
Nannette Brown, Chief Judge of the U.S. District Court for the Eastern District of Louisiana, issued an Order and Reasons affirming Magistrate Judge Michael... More
Mike Parks Wins Verdict in Favor of Defendant Uninsured/Underinsured Motorist Insurer
Member Mike Parks won a defense verdict in November 2020 in the 21st Judicial District Court in Tangipahoa Parish in favor of the Defendant Uninsured/Underinsured... More
Two Strange Cases Highlight the Need for a Plaintiff to Keep His Dates Straight
In Louisiana, what most states refer to as the “statute of limitations” is called a “prescriptive period.” Just like a statute of limitations, this is... More
Insurer-Specific Multi-District Insurance Litigation Uncertain With Scores Of COVID-Related Business Interruption Claims
With so many businesses affected by nationwide shut-downs due to COVID-19 this year, businesses across the country have begun filing “business interruption” claims against... More
Second Injury Fund Not Entitled to Audit Medical Expenses Paid by Insurer in Workers’ Compensation Case
In the First Circuit case of Nationwide Agribusiness Insurance Company v. State Workers’ Compensation Second Injury Board, 2020 WL 3287042, 2019-1101 (La.App. 1 Cir. 6/18/20),... More
In Recent Maritime Tort Action Eleventh Circuit Says Jury Should Decide Medical Damages
In a recent case, Higgs v. Costa Crociere S.P.A., 969 F.3d 1295 (11th Cir. 08/1420), the Eleventh Circuit found that in a maritime tort action,... More