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Texas Construction Injury Leads Court to Analyze Duty to Defend, Indemnify

Construction worksite accidents are common occurrences in New Orleans and Louisiana. When a lawsuit is filed seeking compensation for these workplace injuries, issues often arise concerning the multiple companies involved in the construction project and their insurance companies. Chief amongst these concerns are the duty to defend and indemnification. The duty to defend refers to

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July 17, 2012 No Comments

Personal Injury Case Delves into Medical Malpractice Difficulties

The following very interesting and compelling question by plaintiffs, and the contingent commentary by the court, is articulated in this appeal to the Second Circuit Court of Appeals in Louisiana: “Does a diagnosis by a doctor rendering a second and correct opinion, equate to a per se reasonable belief that the previous treating physicians committed

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April 16, 2012 No Comments

Class Action Rules Difficult to Understand, Important for Successful Litigation

The Class Action Fairness Act of 2005 was passed in an effort to prevent class action lawsuit abuse. CAFA changed the practice of class action litigation in state and federal courts. This change was accomplished by CAFA’s jurisdictional alterations in both the diversity and removal components of the traditional framework of class action practice, i.e.

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April 10, 2012 No Comments

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

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March 15, 2012 No Comments

Longterm Treatment for Terminally Ill Patient Called into Question

Longterm treatment and care can oftentimes be difficult and emotionally taxing for all involved. What’s more, when an already arduous process is muddled by improper actions by the medical staff, legal resolutions do exist but are unlikely to remedy the problems caused. After what seemed like a never-ending nap, an individual who will not be

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January 3, 2012 No Comments

Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

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Archives

Texas Construction Injury Leads Court to Analyze Duty to Defend, Indemnify

July 17, 2012 No Comments

Construction worksite accidents are common occurrences in New Orleans and Louisiana. When a lawsuit is filed seeking compensation for these workplace injuries, issues often arise concerning the multiple companies involved in the construction project and their insurance companies. Chief amongst these concerns are the duty to defend and indemnification. The duty to defend refers to

Read More »

Personal Injury Case Delves into Medical Malpractice Difficulties

April 16, 2012 No Comments

The following very interesting and compelling question by plaintiffs, and the contingent commentary by the court, is articulated in this appeal to the Second Circuit Court of Appeals in Louisiana: “Does a diagnosis by a doctor rendering a second and correct opinion, equate to a per se reasonable belief that the previous treating physicians committed

Read More »

Class Action Rules Difficult to Understand, Important for Successful Litigation

April 10, 2012 No Comments

The Class Action Fairness Act of 2005 was passed in an effort to prevent class action lawsuit abuse. CAFA changed the practice of class action litigation in state and federal courts. This change was accomplished by CAFA’s jurisdictional alterations in both the diversity and removal components of the traditional framework of class action practice, i.e.

Read More »

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

Read More »

Longterm Treatment for Terminally Ill Patient Called into Question

January 3, 2012 No Comments

Longterm treatment and care can oftentimes be difficult and emotionally taxing for all involved. What’s more, when an already arduous process is muddled by improper actions by the medical staff, legal resolutions do exist but are unlikely to remedy the problems caused. After what seemed like a never-ending nap, an individual who will not be

Read More »

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