Louisiana Personal Injury Blog

June 1, 2017

A large number of car accidents occur in parking lots. Accidents that occur parking lots and accidents that occur on public streets, roads and highways are similar in a number of ways. For example, regardless of where a car accident takes place, the primary concern is always your personal safety and the safety of everyone […]

May 9, 2017

On Monday, May 1, 2017, the United States Supreme Court upheld the City of Miami’s standing to sue Bank of America and Wells Fargo under the Fair Housing Act for the issuance of discriminatory mortgages.  It was a big victory in the fight against discriminatory lending practices.  HH&K attorney, Robert S. Peck, represented the City of […]

March 14, 2017

With stories in the news about celebrities being robbed or unknowingly captured on video in their hotel rooms, you may wonder – What is the duty of a hotel to protect its guests from theft or harm? While generally a person has no legal duty to protect another from the criminal acts of a third […]

February 7, 2017

Is the recall of 29 million dressers, a $50 million settlement, and $250,000 in donations to hospitals and charities enough? That’s the question three families and furniture manufacturer/distributer IKEA are left to reflect upon in the wake of a two day mediation to settle the wrongful death claims for three young boys, all just two […]

January 18, 2017

E-Cigarettes have become very popular as an alternative to smoking. Sales have grown rapidly since they became available in 2007. While the health effects of the vapor and the danger of nicotine overdose are still the subject of ongoing review by various agencies, there are some other important facts about the safety of these electronic […]

December 14, 2016

Just because a court finds that a doctor committed medical malpractice, this does not mean the doctor will lose his or her medical license. Actually, in the vast majority of cases where the doctor is found to be guilty of malpractice, the doctor does not lose their license. An article published by the Times-Picayune stated […]

November 29, 2016

Fear of the unknown is a powerful and paralyzing force. To many people, the legal system is an enigma that contains countless unknowns. Understandably, there can be a lot of fear and anxiety involved when one is thrust into a position that requires them to navigate the complex legal system. This fear can be compounded […]

October 28, 2016

 In Louisiana, the total amount recoverable for medical malpractice claims for injures to or death of a patient, not counting future medical care and related benefits shall not exceed $500,000, plus judicial interest. This means that the highest judgment one can receive against a doctor or other healthcare provider for an injury received from substandard care […]

October 4, 2016

The time it takes before you receive a settlement from a personal injury or time it takes for your case goes to trial will depend on several factors like what type of case you are involved in and the facts surrounding your case. For instance, in an auto accident case, factors like the type of […]

September 29, 2016

Claims Program Update Program begins to accept claims June 2012. First eligibility notices issued July 15, 2012 First payment issued July 31, 2012 Current Statistics Total number of claims – 386,107 Eligibility notices issued – 152,010 Denial notices issued – 141,648 Eligibility notice total amount – $9,210,663,464 Total payments – $8,635,700,617 (Data pulled from website […]

September 2, 2016

The lessons learned as a result of Hurricane Katrina were both practical and educational.  The biggest lesson was, by far, that, as individuals, businesses, lawyers and law makers, we were unprepared for any major catastrophe.  Individually and as businesses we failed to document our assets properly.  We failed to have the proper insurance that covered […]

August 31, 2016

After you are involved in an auto accident, it is important to contact an attorney as soon as possible. Initially, an experienced personal injury attorney can give you a lot of information about your case, including how and when to proceed. Acting fast is very important because in Louisiana, accidents are usually subject to a […]

August 16, 2016

The recent flooding in south Louisiana brought back bad memories for a lot of folks. The widespread loss and devastation we see now is eerily similar to what we saw in the aftermath of Hurricane Katrina. Hurricane Katrina taught us some valuable lessons about coming back from a natural disaster. We learned about flood insurance […]

August 2, 2016

Teen drivers have special needs on the road – and while they may have had good training and have gained some experience, they lack the years that adult drivers have to make split decisions. Parents may invest a good deal of time finding a car with a five star safety rating for their teens, send […]

July 26, 2016

Throughout the country, speed limits are increasing. From highways to city streets, drivers are getting the luxury of getting to their destination a little faster.  In one instance, there was an article in Time magazine that highlighted the issue of speed traps – or those stretches of road that were prone to attracting speed tickets – in the […]

July 12, 2016

Each day, there are hundreds of people injured across the United States – some suffering from serious, long-term injuries. If you are injured due to someone’s negligence or fault, you may be entitled to compensation by making a personal injury claim. While you may be compensated for the injuries you sustain, including your medical bills […]

July 4, 2016

New Orleans, LA Hospital Medical Negligence Lawyers Hospitals in Louisiana and their staff are under increased pressure to avoid “never events.” These events have often serious outcomes that should never happen but inevitably do. The name of these events can be misleading, especially because they are becoming increasingly common in hospitals, doctors’ offices, and clinics […]

June 24, 2016

New Orleans, LA Loss of Earning Capacity Lawyer Loss of earning capacity – or diminished earning capacity – is serious, and common among personal injury claims. Those suffering from serious or catastrophic injuries are often affected by their injuries for the rest of their lives. Because of those injuries, they may be unable to return […]

April 29, 2016

New Orleans, LA Truck Driver Fatigue Related Accidents Lawyer Last month, the truck driver accused of crashing into a limo van carrying comedian Tracy Morgan and his driver pled not guilty to charges of vehicular homicide and aggravated assault in connection with the well-publicized trucking accident. Federal investigators have suggested that the truck driver had […]

April 15, 2016

Contrary to the ads we see on television where insurance companies portray themselves as always being there when you need them, the experience of many accident victims today is quite different. What Has Changed? In the past, an insurance company’s claim department had only one concern – to determine what you are entitled to receive […]

March 31, 2016

New Orleans, LA Offshore Injury Lawyer What you do (or don’t do) after you are injured in an offshore accident will ultimately determine whether or not you are treated fairly in your claim for compensation. All too often, those injured in maritime accidents make the same mistake that hurts their claim for compensation more than […]

March 29, 2016

If you have been seriously injured in an accident, a quick settlement is rarely in your best interest. In most cases, you should not settle until your doctor says that you have reached Maximum Medical Improvement (MMI). In fact, the American Medical Association’s Guides to Evaluating Permanent Impairment, which are guidelines that many doctors use […]

March 24, 2016

When you are injured due to the negligence of another, you have the right to pursue a personal injury case to seek compensation for your injuries and financial losses. How much your case is worth will depend on several different factors: The amount of damages you suffer, both economic and non-economic; How clearly liability can […]

March 22, 2016

Most people have heard of class action lawsuits, but few really know what they are. Class action lawsuits can be very complicated, but this article will give you a basic explanation of how they work and what purpose they serve. What is a Class Action Lawsuit? At times, several people are injured by the same […]

March 17, 2016

When you suffer injuries due to the fault of another, one of the first things you should do, after seeking medical attention, is determine whether or not you should bring suit against the person(s) responsible. To do this, you will need some idea of what your personal injury case is worth. If you stand to […]

March 15, 2016

If you’ve been injured in an accident, then you may need to file a personal injury claim to receive compensatory damages from the person or entity responsible for the accident. However, if you’ve never filed a personal injury claim before, then it may seem overly complicated. And if you have previously filed a personal injury […]

March 10, 2016

New Orleans, LA Car Accident Injury Lawyer A plaintiff in an automobile accident case can usually count on being required to be present at three specific proceedings associated with their case. These are, in the order that they will be expected to appear, the deposition, the mediation and (if the mediation delivers no settlement) the […]

March 8, 2016

More and more personal injury plaintiffs are choosing structured settlements in order to be compensated for the harm and losses they have suffered. But how can you know if a structured settlement or lump sum disbursement is right for you? Below you can learn several things to consider when choosing the right settlement disbursement option […]

February 26, 2016

Most of us know what “pain and suffering” is, but what does it mean, exactly, from a legal perspective? And how is pain and suffering quantified and calculated for the purposes of a personal injury claim? Types of Pain and Suffering For determining damages in personal injury claims, there are two types of pain and […]

February 19, 2016

New Orleans, LA Car Accident Compensation Lawyer Car accidents, even minor ones, are unsettling and tend to shake one’s confidence in the world. This may be particularly true for passengers who are injured in an auto collision. Fortunately, passengers who have been injured because of another party’s negligent driving behavior hold the right to pursue […]

February 16, 2016

Most people filing civil lawsuits know whom they are suing. However, in some situations, there may be multiple potentially responsible parties, or the identity of the party who caused your injuries may not yet be known. If that happens, you can still sue for damages by naming a “John Doe” or “Jane Doe” defendant in […]

February 12, 2016

New Orleans, LA Healthcare Associated Infections Lawyer Healthcare Associated Infections, also known as Hospital Acquired Infections (HAIs), are a major problem in the U.S., primarily due to inadequate hospital cleaning and sanitation policies and procedures. The need for better hospital cleaning and disinfection methods is widely recognized in the industry and vital to the safety […]

February 9, 2016

New Orleans, LA Tractor-Trailor Accident Injury Lawyer Large commercial trucks present sufficient hazards to other motorists all on their own, without factoring in the dangerous cargoes they carry. Anyone who has been involved in or witnessed a serious commercial truck accident knows how much damage an 80,000 lb. 18-wheeler can cause in a collision with […]

February 5, 2016

New Orleans, LA Wrongful Death Lawyer If you have lost a loved one because of someone else’s wrongdoing or negligence, no lawsuit could ever bring your loved one back, and no amount of money can ever compensate you for your loss. However, you can hold the responsible parties accountable and seek justice for your loved […]

February 2, 2016

Class action lawsuits provide a means for the “little guy” to fight back against unfair practices of large corporations. However, as a deterrent, many companies are including arbitration clauses in agreements that consumers are required to sign, effectively forcing them to settle all disputes in arbitration and eliminating the possibility of recourse through class action […]

January 29, 2016

New Orleans, LA Dangerous Product Injury Lawyer Dangerous products fall under products liability. This refers to the liability of all parties along the chain of manufacturing that are associated with a product or the damage of a product. This liability can extend to manufacturers of components, an assembler, the wholesaler and the retail store that […]

January 26, 2016

Xarelto (also known as rivaroxaban) is a newer blood thinning medication that was approved in 2011 for consumer use. It was manufactured by the pharmaceutical company Bayer and then marketed locally by Janssen Pharmaceuticals (a subsidiary of Johnson & Johnson). While it had promising results, there was one dangerous side effect: those that take it […]

January 22, 2016

New Orleans, LA Lawyer Serving Families of Fatal Work Accidents Workplace accidents are tragic. No one expects to not come home after arriving to work for the day. Whether it is a child, spouse or parent, the loss of a loved one is unimaginable. When that death is caused by an employer’s or employee’s negligence, […]

January 19, 2016

New Orleans, LA Uber Driver Accident Injury Lawyer Uber and Lyft companies were given privileges to pick up fares in New Orleans after the City Council voted for approval. Just like other cities that have allowed these ride-sharing services, the decision was not without some controversy. One of the biggest oppositional groups is that of […]

January 15, 2016

New Orleans, LA Car/Pedestrian Accident and Injury Lawyer Being involved in an accident with a pedestrian is extremely scary. Both parties may be unaware of what they are supposed to do or even how to handle the situation. According to the National Highway Traffic Safety Administration, there are over 60,000 pedestrian accidents in 2006. If […]

January 12, 2016

New Orleans, LA Distracted Driver Accident and Injury Lawyer Most distractions behind the wheel are avoidable, while others are hard to predict or prevent. As a driver, it is your responsibility to remain active and engaged with the task ahead – not your phone, the radio or passengers in your car. If you want to […]

January 8, 2016

New Orleans, LA Traffic Death Lawyer There are a lot of trends in the United States, but one trend that no one is celebrating is the fact that traffic fatalities have risen by 14 percent so far in 2015. If this trend continues, 2015 will be the deadliest year for drivers since 2007. This data […]

January 5, 2016

Legal Experience for Offshore Accidents and Injuries in New Orleans A career in the offshore/maritime field is one of the most dangerous fields anyone could enter. There are daily hazards on these job sites, and unfortunately, there are frequent injuries among offshore workers. Most of these injuries could be avoided if workers and employers observed […]

December 16, 2015

Being involved in an accident with a pedestrian is extremely scary. Both parties may be unaware of what they are supposed to do or even how to handle the situation. According to the National Highway Traffic Safety Administration, there are over 60,000 pedestrian accidents in 2006. If a pedestrian is struck by a vehicle going […]

August 28, 2015

Pastor Barbara Rogers wasn’t running a mega-church in New Orleans on Franklin Avenue. One Way Deliverance was a “small ministry that did big things in the community.” The church focused their efforts on helping those in need where disparities were prevalent in the community. The church started a food bank that fed 500 people in need […]

August 7, 2015

The Saturday before Katrina, I evacuated to Houston, with my three-year-old son, my mother, a dog, a bird and whatever few personal items I could fit into my car.  My brother and his girlfriend followed behind.  From our hotel room, we watched CNN constantly and saw our city get devastated by the flood waters. New […]

June 17, 2015

Since the United States Supreme Court’s 2011 decision in Pliva, Inc., et al v. Mensing, people injured by generic forms of harmful drugs have been left without recourse against generic drug manufacturers for failures to warn about their drugs’ harmful side-effects. In Mensing, the Supreme Court held that federal law preempted state law requiring drug […]

May 13, 2015

When fog rolls over the Lake Pontchartrain Causeway, driving can become a nightmare. You can make it less of a risky drive by taking simple precautions, and ensuring your safe arrival on the other side of the bridge. About the Bridge Originally built in 1956, with a second span added in 1969, the Lake Pontchartrain […]

April 7, 2015

Nearly five years ago, the night sky above the Gulf of Mexico lit up ablaze as thirteen BP workers lost their lives in the Deepwater Horizon explosion. Despite the promises made by oil companies that they learned from the BP oil spill and their denials of putting profits over the safety of their employees, the […]

El cielo se encendió en llamas sobre el Golfo de Méjico cuando trece trabajadores de BP perdieron sus vidas en una explosión de la Plataforma Deepwater Horizon hace casi cinco años. Las compañías petroleras nos aseguraron que aprendieron del derrame de petróleo de BP y prometieron que jamás pondrían sus ganancias sobre la seguridad de […]

January 26, 2015

After four days of testimony, the United States (“US”) wrapped up its case in chief against BPXP regarding the imposition of Clean Water Act (“CWA”) civil fines and penalties in connection with the massive BP Oil Spill. US expert testimony concluded on Friday, January 23, 2014. During its case, the US focused on the impact […]

January 22, 2015

As the final Phase (Phase 3 Penalty Phase) of the BP Trial began, the Court set its sights on finally deciding BP’s total civil fine monetary amount. The United States Government is asking for the Court to assess the maximum civil penalty available under the Clean Water Act (“CWA”). BP, relying upon its after-the-fact and oftentimes maligned […]

January 12, 2015

In Louisiana, a contract is defined as an agreement between two or more parties by which certain obligations are created. The four requirements of a valid contract are (1) capacity, (2) consent, (3) lawful cause, and (4) lawful object. When one of these requirements is at issue to determine whether a valid contract has been […]

December 23, 2014

On April 15, 2013, during the 117th Boston Marathon, two deranged and disillusioned individuals set off two “improvised explosive devices” (“IED”) near the Boylston street finish line. These misguided sociopaths made them using easily procurable items: black powder, nails, and bearing balls and, most importantly, a pressure cooker. Of course, when we hear the term […]

December 11, 2014

As is typically the case, the advent of new technology brings new opportunities and new challenges in the civil justice system. Just as Twitter, Facebook and other social media have created interesting legal issues for litigants, so too now are Fitbit and other wearable self-tracking devices. With the dawn of this new fitness tracking technology, […]

November 13, 2014

While the Department of Transportation and Development (“DOTD”) has a duty to maintain highways and shoulders, the standard of care required for a highway under construction is somewhat less than that of a highway not under construction. Courts have long recognized the necessity of highway construction work and that hazards will regularly exist during the […]

October 22, 2014

The leading causes of accidental injury and death in Louisiana are car accidents. According to Louisiana State University, there were approximately 620 fatal car wrecks in 2013. Orleans Parish ranked #1 with 44 deaths. East Baton Rouge Parish had 37 and Lafayette Parish had 34 deaths. There were 43,886 car wrecks in Louisiana that resulted […]

October 19, 2014

It was not so long ago that open support for the legalization of marijuana was not very popular in the United States. It now seems as though that tide is changing, and changing quickly. Based upon a recent survey, it appears that more and more American adults continue to support the legalization of marijuana in […]

October 18, 2014

Tailgating has become a age old tradition linked to sporting events in which several individuals gather before an event to eat, drink and socialize while supporting their favorite team. Over the years the idea of tailgating has transformed from simply cooking small items on an outdoor barbeque to now you will find tailgaters equipped with […]

October 17, 2014

According to Louisiana law (LA RS 14:100), a “hit and run” is defined as the “intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid”. If you are involved in a car […]

October 15, 2014

Now that school is back in full gear and large groups of children will be frequenting the school yard playground, it is important for us to be reminded of some basic playground safety tips. According to the National Safety Council (NSC), every year more than 200,000 children are treated in emergency rooms as a result […]

October 14, 2014

The kids are back in school, therefore, now is better than ever for a refresher in bus stop and bus riding safety. Every year an abundance of children suffer injuries, sometimes severe or even fatal, at bus stops or from getting on and off of the school bus, all of which could be prevented. A […]

October 12, 2014

According to the U.S. Food and Drug Administration (FDA), on August 19, 2014, nSpired Natural Foods, Inc. voluntarily recalled certain retail lots of Arrowhead Mills® Peanut Butters, MaraNatha® Almond Butters and Peanut Butters, and specific private label nut butters (listed below) packaged in glass and plastic jars because they have the potential to be contaminated […]

October 11, 2014

 Triclosan – it is the antibacterial ingredient in Colgate’s Total toothpaste. Colgate’s Total is the only toothpaste approved for sale in the United States that contains triclosan. Millions of Americans are putting it in their mouths daily.   Total is the No. 3 selling toothpaste in the United States. Its sales were $189.8 million last year. […]

October 10, 2014

In 2012, Tax Court Rule 345 was adopted to allow tax whistleblowers to remain anonymous. The whistleblower must file a motion with the Court that provides specific facts which support the request to proceed anonymously. The motion itself and subsequent filings are temporarily sealed until the Court rules on the motion. The whistleblower must show […]

October 5, 2014

Although we have all been taught that smoking cigarettes is harmful to our health, more than 40 million Americans are smokers. Cigarettes can damage every single organ in your body and according to the Center for Disease Control, smoking-related illnesses are responsible for one out of every five deaths in the United States. In recent […]

October 4, 2014

In August 2014, the Alabama Supreme Court found in favor of the plaintiff, holding that a brand-name drug manufacturer may be held liable if it makes misrepresentations about the drug where the patient’s doctor relies on those misrepresentations, even when the patient uses the generic equivalent of the drug produced by a different manufacturer. In […]

October 3, 2014

The United States Supreme Court is being asked to answer this question by Teva Pharmaceuticals and other makers of the generic version of the drug Fosamax. The name-brand drug, Fosamax, manufactured by Merck, and its generic counter parts, are used in the treatment of osteoporosis. Merck updated the labeling on Fosamax in 2010, and again […]

October 1, 2014

The internet provides a seemingly limitless forum for consumers to voice their complaints and warn others about their negative experiences with professionals, businesses and service providers. But, be careful about what you post. When online rants go to far, posters may find themselves defending against defamation lawsuits. That is precisely what happened to Justin Hamel […]

September 30, 2014

In a recent meeting, a client, whose spouse was injured, asked the simple question: “What is consortium and who may bring this legal claim?” Consortium is a Latin word that means “partnership”, “association” or “society”. In the realm of torts, consortium is the right of association and companionship with one’s spouse and/or family. It follows […]

September 29, 2014

New Orleans is a city that likes to have a good time. With a slew of parties, festivals and events seemingly every weekend, New Orleanians need no excuse to live life to the fullest with good food, friends, and a tasty (sometimes alcoholic) beverage. With that said, as football season gears up, expect more drunk […]

September 28, 2014

It’s no secret that the New Orleans residential rental market is furiously competitive. From university students to working professionals of all ages, the New Orleans market is simply unlike most other rental markets. Though most renters are able to live out the term of their lease with little conflict with their landlord, there are occasions […]

September 27, 2014

This summer and fall, we’ll see an abundance of bicyclists on the streets of New Orleans. According to the Regional Planning Commission, spikes in gas prices, the economic stagnation and efforts to cut down on pollution have led many people to opt for less expensive forms of transportation. For a city in which 18% of […]

September 26, 2014

So you purchased your dream house or vehicle in Louisiana. After signing a mountain of paperwork, most of which contains boilerplate standard sales language you don’t understand, you take possession of your property. Later, however, you discover that your property contains a defect or vice that significantly reduces its value or requires costly repairs. Knowing […]

September 25, 2014

We’ve all heard about it. More than 22 years ago, Stella Liebeck spilled scorching hot coffee on her lap and sued McDonald’s. The aftermath was a swarm of mostly negative media attention and a public that was quick to judge, crying out against this seemingly frivolous personal injury lawsuit. Unfortunately, most of the true details […]

September 24, 2014

New Orleans is a dog-friendly city, and we locals unabashedly and publicly display our love for man’s best friend. Dog owners throughout Louisiana love to take their canines to traditional locations, such as the city streets, parks or dedicated dog parks. However, most people in New Orleans won’t find it strange to see a dog […]

September 21, 2014

During the pendency of a claim or lawsuit, an injured party also has a duty, a duty to mitigate his or her damages. The scope of this duty varies from case to case but, generally, as set out by the Louisiana Supreme Court, a party is not required to take actions which would likely prove […]

September 20, 2014

Louisiana courts have adopted a duty-risk analysis in determining whether liability exists in a tort case. Namely, a plaintiff must prove that (1) the defendant owed a duty of care; (2) the defendant failed to conform to the duty; (3) the defendant’s conduct was a cause-in-fact of the plaintiff’s injuries; (4) the defendant’s conduct was […]

September 17, 2014

Houses, cars, and heavy equipment. None are immune from redhibitory defects. Redhibitory defects are vices hidden from the buyer and which render the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect or when, without rendering the […]

September 16, 2014

Due to an accident or injury, an injured plaintiff may receive benefits from their insurance company or some other 3rd party, independent source. If the Plaintiff receives funds from these sources in compensation for his injuries, does the tortfeasor defendant benefit from these payments in reducing the amount owed to plaintiff for the injuries? In […]

September 15, 2014

A defendant is not always 100% at fault for an accident. Given the circumstances, a third party or even the plaintiff themselves could bear some of the responsibility for the accident or injury. A judge or jury in a Louisiana courtroom is responsible for apportioning the fault between the parties. While a difficult task, the fact […]

September 14, 2014

One of the most dangerous things that people do every day is cross the road.  About 30% of all pedestrian fatalities are related to improper crossing of the roadway at an intersection or crosswalk.  Of the pedestrian fatalities at intersections, over 40% are at intersections with no markings.  Because of the dangers of accidents and […]

September 13, 2014

A rollover is a type of vehicle accident in which a vehicle tips over onto its side or roof.  Rollover accidents are complex crashes that are often extremely violent.  According to the U.S. Department of Transportation, rollover crashes account for nearly 33% of all deaths from passenger vehicle accidents, even though only about 2.1% of all passenger vehicle accidents […]

September 12, 2014

Hundreds of thousands of people are injured every year in automobile crashes that are caused by distracted driving.   According to the National Highway Transportation Safety Administration, in 2012 alone, 421,000 people were hurt in distracted driving types of accidents.   “Distraction” has been determined to be a factor in 12 percent of vehicle crashes in 2004. […]

September 10, 2014

According to a recent article by the New York Times, food companies hare adding language to their websites that giving consumers an alert that they give up their right to sue the company if they download coupons, join it in online communities such as Facebook, enter company sponsored contests, or interact with the company in […]

September 9, 2014

Sometimes litigants literally shoot for the stars in the suits they file. Sylvio Langevin, a Quebec man, brought the mother of all frivolous lawsuits, when in early 2012 he filed suit in the Canadian courts seeking ownership of the Earth, the other planets in the solar system and at least four moons (orbiting Jupiter). In […]

September 8, 2014

There is a lot of noise around the concept of “Tort Reform”. But what is tort reform, really? Those who advocate for tort reform use the concept of limiting frivolous lawsuits and protecting medical providers from high insurance premiums, among other things. However, what tort reformers want is to limit a plaintiff’s access to the […]

September 7, 2014

As you may know, on a pure party-line vote, the House of Representatives voted to sue President Obama over the enforcement of the Affordable Care Act, otherwise known as Obamacare. This vote raises two questions: (1) What is the suit about?; and (2) What is the legal authority to do so? There have been numerous […]

September 5, 2014

On a day when the United States District Court finds BP guilty of gross negligence, reckless disregard, and willful misconduct, the U.S. Chamber of Commerce submits an amicus brief to the U.S. Supreme Court, siding with the foreign oil giant over its own business members and Local Chamber of Commerce affiliates.   The Chamber tells the Court […]

September 4, 2014

Sometimes it is necessary to file suit to recover on a claim for an injury. This is a quick look at what happens after you file suit, so you know what to expect. First, it is important to remember that each lawsuit has its own lifespan.   The duration of a suit depends on a number […]

September 3, 2014

When you are injured in an accident, the first (non-medical) step towards recovery may involve a decision to contact an attorney to assist you with asserting a claim and advocating on your behalf. What happens then? The life of a claim goes through several phases between injury and resolution. The important thing to understand, is […]

September 1, 2014

Recently there has been an increase in incidents with children being left in sweltering hot vehicles. These incidents occur most common when the child is being transported out of the normal routine. For example, the mother usually takes the child to daycare but on this particular day the father is taking the child or maybe […]

August 31, 2014

Blood Alcohol Concentration (BAC) is a measure of how much alcohol is in someone’s bloodstream. Law Enforcement has several means of determining the level of someone’s intoxication, however, the BAC is the most accurate measurement of someone’s alcohol impairment. In Louisiana, it is illegal to operate a motor vehicle at or above .08 BAC. The […]

August 30, 2014

According to the study by the payments company ACI Worldwide and the Aite Group research firm, the U.S. ties with India as the country with the third-highest card fraud rate over the last five years. However, while cyber crimes like credit card data theft and identify theft may make the headlines, old-school scams are returning. […]

August 29, 2014

It is imperative to review your business insurance policy with your agent/broker on an annual basis. Here are some areas you should concentrate on, but they are by no means all inclusive. You should get your agent to confirm important areas of coverage for your business. COVERAGE What are your policy limits? What is covered? […]

August 28, 2014

Breach of contract is one of the most common causes actions in commercial lawsuits. In Louisiana, the majority of contracts, whether oral or written, between two parties end when the parties fulfill their obligations under the contract. However, it is not uncommon for one side to fail to fully fulfill his or her part of […]

August 26, 2014

Many small business owners in south Louisiana, and particularly New Orleans, are formed as sole proprietorships. Under this form of business, there is no separate entity or legal distinction between the business and the person. Sole proprietorships are abundant in south Louisiana because they are easy to form, have low start up costs, have no […]

August 25, 2014

A traumatic brain injury is a disruption in the normal functioning of the brain due to a bump, blow, jolt or penetrating head injury. Approximately 1.7 million people suffer a traumatic brain injury annually. 52,000 people are also estimated to die as a result of traumatic brain injuries. Most concerning is the fact that the […]

August 24, 2014

In Louisiana, a partnership is an entity created by written or oral contract between two or more legal persons for the purpose of combining their efforts/resources for a common profit or commercial benefit. Because a partnership agreement in Louisiana can be oral, there is no filing requirement with the state. Nonetheless, an agreement between the […]

August 23, 2014

On May 20, 2014 a lawsuit was filed in federal court in California by retired players against the National Football League (NFL) claiming that team physicians and trainers illegally provided powerful narcotics and other controlled substances to players on game day to mask pain and keep them on the field. The general theory of the […]