VIEWING ARCHIVES FOR:

Litigation

Search Our Legal Knowledge Base

Court Turns Away Plaintiffs’ Mental Distress Claims After Chemical Release in St. Gabriel

The tort of intentional infliction of emotional distress, as we have previously explored, occurs when the defendant purposefully engages in extreme or outrageous conduct with the goal of seriously upsetting the plaintiff. A different case is the scenario involving the plaintiff’s mental distress that results from the defendant’s negligent conduct. Commonly, a plaintiff can successfully

February 16, 2011 No Comments

Mesothelioma & the LHWCA: Recovery for Louisiana Shoreline Workers

For decades, the Louisiana shoreline was a hub of industrial activity where asbestos was handled, stored, and transported daily. Today, many of the workers who kept our ports running are facing the devastating reality of mesothelioma. While the legal road to recovery is complex, the federal government created a powerful tool for these families: the

February 14, 2011 No Comments

Louisiana Court Sets Out Requirements for Summary Judgment

During the course of litigation, one of the tools used by lawyers and the legal system to weed out weak cases is to file for summary judgment. The basic premise of summary judgment is to call the other side to provide solid evidence of their claim. The moving party, the party filing the summary judgment,

February 11, 2011 No Comments

Court Reaffirms: No Passenger Responsibility in Car Crash Caused by Drunk Driver

Louisiana courts have consistently held that a guest passenger is not responsible for a driver’s negligence. “This jurisprudential rule recognizes the fact that an automobile passenger is generally incapable of influencing the driver’s behavior: it is unrealistic to hold … that the occupant of a motor vehicle has factually any control or right of control

February 9, 2011 No Comments

Plaintiff’s Failure to Mitigate Damages in Shreveport Accident Results in Reduction of Damages Award

It is well-settled in Louisiana jurisprudence that an injured party has a duty to mitigate damages. In other words, a victim is required to make reasonable efforts to minimize the extent of injury or damage that results from a tortfeasor’s actions, even though the actions may be negligent or wrongful. The idea is that a

February 7, 2011 No Comments

Passing Poses Problems: Automobile Accident Liability for Passing Vehicles on the Roadways

Accidents are a common occurrence for automobile drivers. In fact, in 2009, there were 73,900 injuries caused by automobile accidents in the state of Louisiana. However, when one is injured in such an accident, liability is often difficult to assign. In other words, it takes a fact-finder to determine who is at fault for the

February 5, 2011 No Comments

Lake Charles Bicycle Accident Case Leads Court to Review Role of Lay Witness Testimony

In numerous prior posts, we have explored how critical expert testimony often is in determining the outcome of a negligence trial. Although experts can play a pivotal role in helping a plaintiff build his case, they do present some limitations. Typically, expert witnesses are required to render an opinion based on the information that they

February 3, 2011 No Comments

Court Upholds Exclusion Clause in Hotelier’s Insurance Policy Following Rape of Guest

Hotel owners, like other hospitality business operators, have a general duty to exercise reasonable care for the safety and security of their guests. The duty extends to protecting guests from harm caused by other guests and visitors to the premises. This does not mean that hotels are liable for any injury or loss that a

February 1, 2011 No Comments

Successor Liability in Louisiana Asbestos Cases: Why Corporate Structure Matters

When an industrial giant is sold or restructured, the victims of asbestos exposure are often left wondering: who is left to pay for my medical bills? Corporate sales agreements are often designed to shield new companies from the liabilities of the past. The case of Pichon v. Asbestos Defendants provides a vital road map for

January 30, 2011 No Comments

Lawsuit Over Double Knee Surgery and Subsequent Injury Leads to Ruling Demonstrating MedMal Complexity – Part 2

In a post earlier this week, we reviewed the Third Circuit’s treatment of a medical malpractice case that arose from a double knee replacement surgery. In addition to her enumeration of error about the faulty opinion returned by the state medical review panel, the plaintiff, Margie McGlothlin, also asserted there was no “reasonable factual basis”

January 28, 2011 No Comments

Jeffrey Berniard

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

VIEWING ARCHIVES FOR:

Litigation

Search Our Legal Knowledge Base

Court Turns Away Plaintiffs’ Mental Distress Claims After Chemical Release in St. Gabriel

Mesothelioma & the LHWCA: Recovery for Louisiana Shoreline Workers

Louisiana Court Sets Out Requirements for Summary Judgment

Court Reaffirms: No Passenger Responsibility in Car Crash Caused by Drunk Driver

Plaintiff’s Failure to Mitigate Damages in Shreveport Accident Results in Reduction of Damages Award

Passing Poses Problems: Automobile Accident Liability for Passing Vehicles on the Roadways

Lake Charles Bicycle Accident Case Leads Court to Review Role of Lay Witness Testimony

Court Upholds Exclusion Clause in Hotelier’s Insurance Policy Following Rape of Guest

Successor Liability in Louisiana Asbestos Cases: Why Corporate Structure Matters

Lawsuit Over Double Knee Surgery and Subsequent Injury Leads to Ruling Demonstrating MedMal Complexity – Part 2

Jeffrey Berniard

Archives

Court Turns Away Plaintiffs’ Mental Distress Claims After Chemical Release in St. Gabriel

Mesothelioma & the LHWCA: Recovery for Louisiana Shoreline Workers

Louisiana Court Sets Out Requirements for Summary Judgment

Court Reaffirms: No Passenger Responsibility in Car Crash Caused by Drunk Driver

Plaintiff’s Failure to Mitigate Damages in Shreveport Accident Results in Reduction of Damages Award

Passing Poses Problems: Automobile Accident Liability for Passing Vehicles on the Roadways

Lake Charles Bicycle Accident Case Leads Court to Review Role of Lay Witness Testimony

Court Upholds Exclusion Clause in Hotelier’s Insurance Policy Following Rape of Guest

Successor Liability in Louisiana Asbestos Cases: Why Corporate Structure Matters

Lawsuit Over Double Knee Surgery and Subsequent Injury Leads to Ruling Demonstrating MedMal Complexity – Part 2

Ready to get answers from a qualified injury lawyer?

FREE Consultation

Call: 504-521-6000

Working Hours