Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land. Case Background Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed

December 11, 2024 No Comments

Careful Review of Home Insurance Policy Crucial

It is extremely important to review your home insurance policy to determine what types of damages the policy will actually cover, especially in areas prone to suffer from hurricane damages. Under Louisiana law, the insured individual is required to first prove that the insurance policy covers the cause of the claim. For example, if

July 14, 2014 No Comments

Accident Reviews Nature of Employer-Employee Relationship

If you have ever been injured on the job or if you have ever known an employee who broke the law while on the job, you might know something about an employee-employer relationship and the legal obligations that come with such a relationship. Typically, if you are working for an employer and one of the

November 3, 2013 No Comments

Business Problems Arise Out Of Ambiguous Contract Terms

One area where lawyers must continue to improve is drafting contracts. It is imperative that lawyers learn the intricacies of legal writing and the different meanings words have in the legal community and their ordinary meaning. If a word or phrase in a company’s contract is ambiguous, it is susceptible to multiple interpretations and might

October 30, 2013 No Comments

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Years after Hurricane Rita, which hit in September 2005, those who have had their homes damaged are still dealing with cleaning up the wreckage and rebuilding. Litigation involving insurance companies is still particularly prominent. One couple from Lake Charles, Louisiana knows about this type of litigation all too well. The couple had homeowners insurance through

August 19, 2013 No Comments

Summary Judgment Prevails Against Hurricane Ike Damages

A recent United States Court of Appeals for the Fifth Circuit case set out an extensive definition and explanation of summary judgment. Summary judgment occurs when there are “no genuine dispute[s] as to any material fact.” That is, both parties agree with all of the facts that are used to determine the case. A “material

May 14, 2013 No Comments

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

Hurricane Damage Appraisals at Core of Insurance Dispute

Even in 2012, issues regarding Hurricane Katrina, which occurred in 2005, are still prevalent. Insurance companies are particularly affected by Katrina, and they are still attempting to sort out many claims. Some of the contract claims that are still moving through the courts are somewhat unique. For example, contracts occasionally have provisions where both parties

April 14, 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

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Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

Careful Review of Home Insurance Policy Crucial

Accident Reviews Nature of Employer-Employee Relationship

Business Problems Arise Out Of Ambiguous Contract Terms

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Summary Judgment Prevails Against Hurricane Ike Damages

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

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

Hurricane Damage Appraisals at Core of Insurance Dispute

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Jeffrey Berniard

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