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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Texas Class Action Regarding Chemical Release Demonstrates Premise of “Close Enough” in Doctrines
Our system of law is designed to handle most situations. A great deal of situations can be dealt with under the doctrines of law. Our system also has a failsafe of to ensure basic fairness when law provides no satisfying result. Equitable doctrines fill in the gaps in law. Historically a separate system of courts
March 22, 2012
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Shreveport Liability Tested in Respondeat Superior Claim After Home Invasion
A recent case decided by the Court of Appeal for the Second Circuit of Louisiana demonstrates the legal principle of respondeat superior. In Cote v. City of Shreveport, the plaintiff’s house was broken into and she and her daughter were held captive at knifepoint by the intruder. The intruder had apparently become familiar with Cote’s
March 19, 2012
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Caddo Parish School Board Held Not Liable for Sexual Assault Involving Students
A school district can be like a parent as it takes care of students who are underage and needing supervision. That attention is greater when the student is more vulnerable. However, the school district’s duty is absolute but, instead, limited to those who are in the district’s custody, even when the incident is tragic. A
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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Anatomy of a Class Action Certification
Early in the morning of July 7, 2009, a 640,000 gallon chemical storage tank at Union Carbide/Dow Chemical’s Taft plant began to rupture. The tank contained ethyl acrylate, a foul-smelling chemical used in making various products including industrial flavorings, fabric finishes, pigments and dyes, floor polishes, adhesives, and caulk. The substance is listed as a
February 15, 2012
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“Law of the Case” Doctrine, Part 2
In our most recent post, we began a review of the Third Circuit Court of Appeal’s application of the law of the case doctrine in a lawsuit that followed an auto accident in Vernon Parish. The plaintiffs, in opposing UUT’s motion for summary judgment, argued that UUT’s no-coverage arguments had previously been heard in a
January 25, 2012
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.