Injured Employee Limited to Workers’ Compensation Following Accident at Lena Power Plant

Work-related injuries, especially in construction, are not uncommon. However, the outcomes in workers’ compensation cases vary because the contractual relationship between the parties is often not clear. Under Louisiana law, workers’ compensation is provided to an employee if they’re injured by an accident “arising out of” and “in the course of” his employment with a

December 19, 2013 No Comments

Summary Judgment Tripping Case from Baton Rouge Illustrates Court Complexities

A recent case appealed from the Parish of East Baton Rouge provides a great example not only of the potential difficulties of recovering damages for negligence from a merchant, but also of summary judgment and how it works. In November 2006, the plaintiff entered the defendant’s store, tripped on what she claims was a ‘flipped-up’

December 17, 2013 No Comments

Burden of Proof in Claims Against Merchants

Louisiana merchants must keep their premises safe not only for their guests or customers but also for any person invited onto the property for business purposes. This also includes persons delivering goods to restaurants like in the case of Jones v. Jula Trust, LLC. Jones was a deliveryman for Pepsi. En route, he stopped at

December 4, 2013 No Comments

Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Companies manufacturing items that are inherently dangerous in the course of its normal use have certain legal obligations under products liability law. This case illustrates the necessary components of a successful products liability claim in Louisiana. The plaintiff was working on a backhoe to clean out a drainage culvert when the clamps holding the vehicle’s

November 30, 2013 No Comments

Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast

The Jones Act is a law that provides seamen the chance to bring personal injury suits against the owners and operators of vessels they are working on in cases where the owner or operator was negligent or in some other way at fault for the injury. One of the types of damage allowable under the

November 28, 2013 No Comments

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

A class action suit occurs when a group of people bring a case together as representatives of an entire class of people who are similarly situated. In order to bring a class action in Louisiana, a judge must certify the class. This means that the class of plaintiffs meets the requirements for their class action

November 26, 2013 No Comments

Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice Action

When treatment provided by a health care professional falls below the accepted standard of practice in the medical community and causes injury or death to a patient, it is said that medical negligence or medical malpractice has occurred. To establish a claim for medical malpractice, a plaintiff must prove: (1) the standard of care applicable

November 22, 2013 No Comments

New Orleans Land Developer Wins and Loses On Appeal

A degree of legal closure has settled following a failed New Orleans housing project and years of litigation. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s ruling in a dispute between the developer, Levy Gardens Partners, and its title insurance company, Commonwealth Land Title Insurance Company. The U.S. District Court

November 21, 2013 No Comments

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

The appellate court has affirmed a summary judgment dismissing a widow’s case against Stebbins Engineering and Manufacturing Company. She filed suit after her husband died while he was working at International Paper Company in Mansfield, Louisiana. An employee died when, while attempting to repair a valve on the platform surrounding a white water tank/tile chest,

November 14, 2013 No Comments

Employer Had No Duty to Prevent Caregiver’s Lifting Injury

To a certain extent, employers are legally required to guard their employees against the risk of on-the-job injuries. But for an injured employee to prevail in a lawsuit against the employer, the employee must be able to prove that the employer owed him or her a duty to prevent the particular accident that occurred. The

November 11, 2013 No Comments

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Injured Employee Limited to Workers’ Compensation Following Accident at Lena Power Plant

Summary Judgment Tripping Case from Baton Rouge Illustrates Court Complexities

Burden of Proof in Claims Against Merchants

Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

Injured Ouachita Patient Fails to Meet Burden of Proof in Medical Malpractice Action

New Orleans Land Developer Wins and Loses On Appeal

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

Employer Had No Duty to Prevent Caregiver’s Lifting Injury

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