In a recent decision, the Louisiana Court of Appeal, Third Circuit, affirmed and amended a default judgment in favor of Matthew Hillman, who was injured in an unprovoked attack by Corey Seneca. The court upheld the special damages award but found the general damages award to be abusively low, increasing it from $2,500 to $10,000.
Who is a Seaman under the Jones Act Coverage? Enter the Chandris Test
A recent ruling by the Louisiana Court of Appeal has highlighted the importance of awarding general damages in personal injury cases, even when the primary focus is on medical expenses. The case involved a car accident where the jury awarded the plaintiff past medical expenses but failed to award any general damages for pain and
Louisiana Court Refuses to Assert Jurisdiction Over Conditional Judgment in Legal Malpractice Lawsuit and Understanding Legal Malpractice Claims: Establishing Negligence and Loss
res judicata, arguing that the matter had already been resolved. The court agreed and dismissed Hernandez’s second claim. Legal Principles at Play Res Judicata: This legal doctrine prevents the same parties from relitigating a matter that has already been decided by a court. Once a final judgment is rendered, it’s generally conclusive and binding on
A recent ruling by the Louisiana Fifth Circuit Court of Appeal in Rodney Loar v. LUBA Worker’s Comp Terminix Service Company, Inc. highlights the complex nature of workers’ compensation claims and the challenges in determining which subsequent injuries are compensable. Rodney Loar, a technician for Terminix, injured his right knee and head in a work-related
The Clock is Ticking: Understanding Prescription in Louisiana Personal Injury Cases
In a recent case, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal involving a lawsuit against the Bourbon Orleans Hotel. The dismissal was not based on the merits of the case but on a procedural technicality: the lack of a final appealable judgment. In 2014, a group of hotel guests filed a lawsuit
Whistleblower or Rule-Breaker? Louisiana Court Upholds Termination of Police Officer for Unauthorized Background Checks
Factual Disputes About Company’s Procedures Preclude Summary Judgment in Slip and Fall Lawsuit and Can a business be liable if a patron slips and falls on a wet walkway?
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.