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
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
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
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
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
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
Under the Louisiana Code of Civil Procedure, judgments are either interlocutory or final. A judgment that “determines the merits [of an issue] in whole or in part” is a final judgment, while a judgment that determines “only preliminary matters” is an interlocutory judgment. Generally speaking, final judgments can be appealed, but interlocutory judgments cannot unless
Under Louisiana jurisprudence, special damages are the category of damages that can be “established to a reasonable mathematical certainty.” Myers v. Broussard. Special damages include awards for past and future lost earnings, since a plaintiff’s forgone income can be numerically calculated by the court. Given the relatively high level of precision, “when a trier of
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
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,
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
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
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
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
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
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
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
Under the Louisiana Code of Civil Procedure, judgments are either interlocutory or final. A judgment that “determines the merits [of an issue] in whole or in part” is a final judgment, while a judgment that determines “only preliminary matters” is an interlocutory judgment. Generally speaking, final judgments can be appealed, but interlocutory judgments cannot unless
Under Louisiana jurisprudence, special damages are the category of damages that can be “established to a reasonable mathematical certainty.” Myers v. Broussard. Special damages include awards for past and future lost earnings, since a plaintiff’s forgone income can be numerically calculated by the court. Given the relatively high level of precision, “when a trier of
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
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,