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Extensive Case Involving International Visitors and Travel-Insurance Policy Gives Rise to Hospital’s Jurisdiction Claims

Hospital’s Claims Dismissed for Lack of Personal Jurisdiction The plaintiff hospital in Northshore Regional Medical Center, L.L.C., d/b/a Northshore Regional Medical Center v. Edith and Brian Dill, et al. recently appealed a judgment from the Parish of St. Tammany, dismissing their claims against one of the defendants in the case, White Horse Insurance Ireland, LTD,

August 16, 2013 No Comments

Judge’s Ruling for Medical Malpractice Patient in Lafourche Parish Overturned on Appeal

In a recent medical malpractice case, the jury found that the plaintiffs did not prove, by a preponderance of the evidence, the standard of care applicable to the emergency room doctor they had sued for a medical malpractice allegation. Because the plaintiffs had not proved their case the suit was dismissed. However, on a motion

August 15, 2013 No Comments

Summary Judgment Upheld by 3rd Circuit in Negligence Suit

Regardless of the issue at law, parties in a civil suit can halt further litigation by obtaining a motion for summary judgment. The party seeking summary judgment, known as the movant, must show there is no genuine issue of material fact despite the allegations asserted by the non-moving party. The court will consider a fact

August 14, 2013 No Comments

Louisiana Court of Appeals Gives Deference in Chemical Exposure Case

In September 2006, Georgia Gulf Lake Charles, LLC’s Westlake facility suffered a fire and explosion. Because of the fire and explosion, hazardous chemicals were released into the air. Several people filed suit because of the medical complications that the exposure caused. Georgia Gulf stipulated that it was the cause of the chemical release, but argued

August 13, 2013 No Comments

Louisiana and Fifth Circuit Reaffirm the Necessity of Personal Jurisdiction

The “New York Convention” (9 U.S.C. §§ 201 et seq.) gives a U.S. court the ability to enforce a foreign arbitration award if there is personal jurisdiction over the defendant. Personal jurisdiction is when the defendant can expect to appear in a foreign country’s court because the defendant has minimum contacts with the country. First

August 12, 2013 No Comments

Shreveport Property Owner Found Liable for Kitchen Ceiling Collapse

Many people in New Orleans rent property. Whether a house, a duplex, or an apartment, these residents typically rely on property owners to make necessary repairs to the premises. Proper maintenance ensures that residents are safe and their well-being will be protected. Unfortunately, all too often property owners fail to remedy dangerous situations, which can

August 12, 2013 No Comments

Third Circuit Court of Appeals Reverses 10-2 Jury Holding in Medical Malpractice Case

A February 27, 2013, decision issued by the Court of Appeals of Louisiana overruled a jury verdict in favor of defendant Dr. Robin Yue, finding that he failed to obtain informed consent before performing surgery on his patient, Plaintiff Clyde Snider, Jr. At only 26-years old, Mr. Snider already had a personal as well as

August 11, 2013 No Comments

Findings of Fact: Just As Important As Conclusions of Law?

Findings of fact refer to the findings of a jury on issues of fact submitted to it and are distinct from conclusions of law. Generally, a jury resolves questions of fact, whereas a judge, or an equivalent resolves questions of law. However, in Rayne, Louisiana, Mary Betty Williams, the plaintiff in a personal injury case,

August 10, 2013 No Comments

Casino Accident Lawsuit Carried On By Surviving Family Members

The essential elements necessary to form a binding contract are usually described as: (1) an offer, (2) an acceptance, (3) a legal purpose or objective, (4) a “meeting of the minds,” (5) consideration, and (6) competent parties. Ambiguities typically arise with offers and acceptances that often lead to litigation. An offer is generally defined as

August 8, 2013 No Comments

The Role of the Appellate Court and Specific Case Facts in Awarding General Damages

General damages are defined as those that involve mental or physical pain, inconvenience, loss of intellectual gratification or physical enjoyment, or other losses that can not be measured in monetary terms. In determining an award of general damages, the Louisiana Supreme Court advocates deference to the lower court, and intervention by an appellate court only

August 7, 2013 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

Extensive Case Involving International Visitors and Travel-Insurance Policy Gives Rise to Hospital’s Jurisdiction Claims

Judge’s Ruling for Medical Malpractice Patient in Lafourche Parish Overturned on Appeal

Summary Judgment Upheld by 3rd Circuit in Negligence Suit

Louisiana Court of Appeals Gives Deference in Chemical Exposure Case

Louisiana and Fifth Circuit Reaffirm the Necessity of Personal Jurisdiction

Shreveport Property Owner Found Liable for Kitchen Ceiling Collapse

Third Circuit Court of Appeals Reverses 10-2 Jury Holding in Medical Malpractice Case

Findings of Fact: Just As Important As Conclusions of Law?

Casino Accident Lawsuit Carried On By Surviving Family Members

The Role of the Appellate Court and Specific Case Facts in Awarding General Damages

Jeffrey Berniard

Archives

Extensive Case Involving International Visitors and Travel-Insurance Policy Gives Rise to Hospital’s Jurisdiction Claims

Judge’s Ruling for Medical Malpractice Patient in Lafourche Parish Overturned on Appeal

Summary Judgment Upheld by 3rd Circuit in Negligence Suit

Louisiana Court of Appeals Gives Deference in Chemical Exposure Case

Louisiana and Fifth Circuit Reaffirm the Necessity of Personal Jurisdiction

Shreveport Property Owner Found Liable for Kitchen Ceiling Collapse

Third Circuit Court of Appeals Reverses 10-2 Jury Holding in Medical Malpractice Case

Findings of Fact: Just As Important As Conclusions of Law?

Casino Accident Lawsuit Carried On By Surviving Family Members

The Role of the Appellate Court and Specific Case Facts in Awarding General Damages

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