Happy Holidays from the Berniard Law Firm
On behalf of the Berniard Law Firm, we hope that all of our friends and followers have had a relaxing and restful holiday. Posting will resume on Tuesday
April 8, 2012
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Lawsuit Over Jackson Parish Car Wreck Dismissed Due to Late Filing
Under Louisiana law, the plaintiff in a personal injury lawsuit may file his complaint with the court by fax. However, the plaintiff must, within five days of transmitting the fax, forward to the clerk of court the original, signed complaint and any fees that are due. If the plaintiff fails to forward the original document,
March 26, 2012
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Tort or Medical Malpractice? Insurance Companies Battle Over Coverage in Ouachita Parish Injury Case
On June 27, 2008, Betty Jean Russell went to see her eye doctor at Eye Associates of Northeast Louisiana. Russell, 78, who required a wheelchair to get around, was driven to the apppointment by her granddaughter, Ashley Dixon. While Dixon remained in the waiting room, an Eye Associates employee wheeled Russell back to an examination
March 23, 2012
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Fifth Circuit Court of Appeals Finds Missing Health Information Not a Bar to Life Insurance Recovery
When individuals apply for life insurance, several application forms must be submitted. Amongst these forms is a history of the applicant’s medical history. Based on this history, and a variety of other factors, insurance companies will either accept the application and set a premium that must be paid to obtain the insurance, or deny the
March 19, 2012
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Company’s Insurance Fails to Cover Truck Driver In Off-Hours Accident
Whether someone is working at the time of an accident can be difficult to tell, and it affects which insurance coverage applies. Harry T. Kemp was an independent contractor driving a Peterbilt tractor pulling a 50-foot flatbed trailer when the truck collided with an automobile driven by Lewis Jurey in East Baton Rouge Parish. Kemp
March 15, 2012
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Closing Overview of Class Action Certification for Chemical Leaks, Other Disasters
In this, our final post of the Union Carbide/Dow Taft plant chemical leak series, we will consider the fifth requirement for class certification under Louisiana law: that the class is “defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any
February 21, 2012
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The Third Part of Our Discussion Regarding the Anatomy of a Class Action Certification
Following the prior discussion of numerosity and commonality, we will now examine the court’s analysis of typicality under Louisiana Code of Civil Procedure Article 591(A)(3). This prerequisite obligates the court to examine whether the claims or defenses of the representative parties are typical of the entire class. The requirement is met if the claims of
February 19, 2012
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Second Part in Understanding the Anatomy of a Class Action Certification
In our previous post, we began a discussion of the Union Carbide/Dow Chemical Taft plant chemical leak litigation filed by the Berniard Law Firm. This post continues with a review of the court’s analysis of numerosity in certifying a class. Under this requirement, the class must be so large that joinder of all members is
February 17, 2012
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Third Circuit Rejects Trial Court’s Apportionment of Fault in Lafayette Auto Accident
It is well settled in Louisiana jurisprudence that an appellate court’s review of a trial court’s apportionment of fault in a negligence action is subject to the manifest error standard. In other words, in order for an appellate court to overturn a trial court’s assessment of fault, it must conclude that no reasonable factual basis
January 19, 2012
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Third Circuit Reverses Trial Court in Rare Finding of Abuse of Discretion in Med Mal Action
In a medical malpractice lawsuit, the plaintiff faces a three-part evidentiary burden. First, she must present evidence to establish the applicable standard of care. Next, she must show that a breach of that standard of care occurred. Finally, she must demonstrate a link between that breach and the injury that resulted. In nearly all cases,
January 17, 2012
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
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Happy Holidays from the Berniard Law Firm
April 8, 2012
No Comments
On behalf of the Berniard Law Firm, we hope that all of our friends and followers have had a relaxing and restful holiday. Posting will resume on Tuesday
Lawsuit Over Jackson Parish Car Wreck Dismissed Due to Late Filing
March 26, 2012
No Comments
Under Louisiana law, the plaintiff in a personal injury lawsuit may file his complaint with the court by fax. However, the plaintiff must, within five days of transmitting the fax, forward to the clerk of court the original, signed complaint and any fees that are due. If the plaintiff fails to forward the original document,
Tort or Medical Malpractice? Insurance Companies Battle Over Coverage in Ouachita Parish Injury Case
March 23, 2012
No Comments
On June 27, 2008, Betty Jean Russell went to see her eye doctor at Eye Associates of Northeast Louisiana. Russell, 78, who required a wheelchair to get around, was driven to the apppointment by her granddaughter, Ashley Dixon. While Dixon remained in the waiting room, an Eye Associates employee wheeled Russell back to an examination
Fifth Circuit Court of Appeals Finds Missing Health Information Not a Bar to Life Insurance Recovery
March 19, 2012
No Comments
When individuals apply for life insurance, several application forms must be submitted. Amongst these forms is a history of the applicant’s medical history. Based on this history, and a variety of other factors, insurance companies will either accept the application and set a premium that must be paid to obtain the insurance, or deny the
Company’s Insurance Fails to Cover Truck Driver In Off-Hours Accident
March 15, 2012
No Comments
Whether someone is working at the time of an accident can be difficult to tell, and it affects which insurance coverage applies. Harry T. Kemp was an independent contractor driving a Peterbilt tractor pulling a 50-foot flatbed trailer when the truck collided with an automobile driven by Lewis Jurey in East Baton Rouge Parish. Kemp
Closing Overview of Class Action Certification for Chemical Leaks, Other Disasters
February 21, 2012
No Comments
In this, our final post of the Union Carbide/Dow Taft plant chemical leak series, we will consider the fifth requirement for class certification under Louisiana law: that the class is “defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any
The Third Part of Our Discussion Regarding the Anatomy of a Class Action Certification
February 19, 2012
No Comments
Following the prior discussion of numerosity and commonality, we will now examine the court’s analysis of typicality under Louisiana Code of Civil Procedure Article 591(A)(3). This prerequisite obligates the court to examine whether the claims or defenses of the representative parties are typical of the entire class. The requirement is met if the claims of
Second Part in Understanding the Anatomy of a Class Action Certification
February 17, 2012
No Comments
In our previous post, we began a discussion of the Union Carbide/Dow Chemical Taft plant chemical leak litigation filed by the Berniard Law Firm. This post continues with a review of the court’s analysis of numerosity in certifying a class. Under this requirement, the class must be so large that joinder of all members is
Third Circuit Rejects Trial Court’s Apportionment of Fault in Lafayette Auto Accident
January 19, 2012
No Comments
It is well settled in Louisiana jurisprudence that an appellate court’s review of a trial court’s apportionment of fault in a negligence action is subject to the manifest error standard. In other words, in order for an appellate court to overturn a trial court’s assessment of fault, it must conclude that no reasonable factual basis
Third Circuit Reverses Trial Court in Rare Finding of Abuse of Discretion in Med Mal Action
January 17, 2012
No Comments
In a medical malpractice lawsuit, the plaintiff faces a three-part evidentiary burden. First, she must present evidence to establish the applicable standard of care. Next, she must show that a breach of that standard of care occurred. Finally, she must demonstrate a link between that breach and the injury that resulted. In nearly all cases,