Trucking & Transportation
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
When is an Independent Tractor-trailer Owner-operator Considered to be “Under Dispatch?”
When is an independent owner-operator of a tractor-trailer considered to be “under dispatch?” Louisiana courts have often grappled with the question of whether a... 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
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 Though that opinion was unpublished, it seemed to be out...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
C. Michael Parks Interviewed by CityBusiness for Leadership in Law
Member C. Michael Parks was recognized as an honoree for the New Orleans CityBusiness 2022 “Leadership in Law” class at a reception held at... 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
Unfavorable Ruling From Louisiana Supreme Court on Employer Independent Negligence
The Louisiana Supreme Court rendered its decision in Martin v. Thomas et al, regarding independent negligence claims against defendant employers. The Supreme Court held that pursuant... More
United States Supreme Court Holds That State Can Seek Reimbursement for Future Medical Care Under Medicaid Act
The Supreme Court of the United States (“SCOTUS”) recently issued a decision in Gallardo v. Matstiller, No. 20-1263 (June 6, 2022) that holds that... More