Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

The Louisiana Supreme Court has recently undertaken a case deciding whether arbitration clauses in attorney-client retainer agreements are appropriate. In the past, Louisiana has favored the enforcement of arbitration clauses in written contracts. Arbitration avoids taking a case to trial and is a thrifty and efficient way to conduct the resolution of disputes outside of

May 10, 2013 No Comments

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Settling with an insurance company out of court is commonplace in the legal world. However, entering into a “High/Low” agreement prior to trial can come back to hurt a plaintiff and should be carefully worded and considered before executed. The cost of this kind of failure is exemplified in Soileau v. Smith True Value and

April 28, 2013 No Comments

Understanding the Federal National Flood Insurance Program as Hurricane Season Approaches

The Federal National Flood Insurance Program (“NFIP”) is a federal program that allows homeowners to protect against flooding because most homeowners insurance does not cover flooding (You can check out their website here). It is offered to homeowners, renters and some business owners. The federal government works with private insurance companies to encourage them to

April 17, 2013 No Comments

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Licensed attorneys in New Orleans were asked which attorney they would recommend to residents in the New Orleans area. Attorney Jeffrey Berniard, of the New Orleans-based Berniard Law Firm, LLC, was named one of the best mass litigation and class action attorneys in New Orleans in the November 2012 issue of the magazine. Propelled into

April 4, 2013 No Comments

What is a Class Action? Who is the “Class?”

In Jane Doe v. Southern Gyms, LLC arising out of Baton Rouge, Louisiana, a class action suit was filed involving a local branch of the national gym, Anytime Fitness, was accused of taking pictures of 250-300 women changing in a locker room. The plaintiffs filed on behalf of all women who’d used the gym during

March 28, 2013 No Comments

Ripeness: Why Can Seemingly Good Cases Get Thrown Out?

In a fairly publicized case, three people were killed in 2008 by a diving boat explosion off the coast of Louisiana. This case is still working its way through the courts and got a little further from resolution in Jillian Morrison, LLC v. Sonia because of an obscure legal concept: ripeness. Lawsuits need several parts

March 26, 2013 No Comments

Mandeville, Louisiana, Couple Fights Installers of Chinese Drywall

Jason and Renee Niemann, a couple from Mandeville, Louisiana, purchased a home in 2007 in the Lakeside Village Subdivision in Mandeville, Louisiana. Unbeknownst to them, a subcontractor, Calmar Construction Company, installed Chinese drywall in the home during construction in 2006, and the Niemanns have been fighting the builder, subcontractor, and subdivision developer in court since

March 12, 2013 No Comments

Expert Testimony Key in Industrial Incident Resulting in Injuries

It is no secret that evidence and witness testimony are arguably the two most important aspects of injury litigation and the impact that each has on the outcome of an adjudication can either make or break your case. In order to understand these effects more fully, it is important to note that there is a

March 8, 2013 No Comments

Supreme Court Required to Rule on Discrepancies in Results of Louisiana Code

Kevin and Corliss Stenson, Et Al. v. City of Oberlin and Meyer, Meyer, LaCroix and Hixson, Inc. is a very interesting and very important case to come out of the Parish of Allen. The case resulted in divergent opinions between the trial and appelate courts of the Allen Parish, ultimately requiring the Supreme Court to

February 14, 2013 No Comments

Happy Mardi Gras!

As a Louisiana law firm, our practice takes great pride and enjoyment from Fat Tuesday and all of the history that follows. For all of our readers in the New Orleans area, have a safe and happy holiday. Postings will resume shortly. In the meantime, laissez les bon temps rouler!

February 12, 2013 No Comments

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Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Understanding the Federal National Flood Insurance Program as Hurricane Season Approaches

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

What is a Class Action? Who is the “Class?”

Ripeness: Why Can Seemingly Good Cases Get Thrown Out?

Mandeville, Louisiana, Couple Fights Installers of Chinese Drywall

Expert Testimony Key in Industrial Incident Resulting in Injuries

Supreme Court Required to Rule on Discrepancies in Results of Louisiana Code

Happy Mardi Gras!

Jeffrey Berniard

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