All or Nothing—Piecemeal Peremptory Exception Reversed for Louisiana’s Drug Fraud Case
Lafayette Case Provides Important Lesson on Peremptory Challenges and Proving Racially Based Jury Exclusion
March 21, 2023
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Does Parental Liability Extend Over Adult Children in Louisiana Lawsuits?
Dangerous Teenage Driving: Deadly AND Expensive
March 20, 2023
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Three-Year Rule Applies to Worker’s Compensation Claims for Necessary Treatment
Timing is an important part of claiming worker’s compensation in Louisiana. Louisiana R.S. 23:1209(C) requires that: The employee files an initial claim or makes other suitable arrangements within one year of the injury; and The employee makes any subsequent claims no more than three years after the last payment of medical benefits. A claim that
March 17, 2023
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Car Accident
Suing the Company for an Independent Contractor’s Negligence in Louisiana
In many Louisiana personal injury cases, the defense’s first move is to produce a contract labeling the negligent driver as an “Independent Contractor.” While the general rule under La. C.C. Art. 2320 is that employers aren’t usually liable for contractors, there are major “Legal Exceptions” that can unlock a company’s insurance policy even when no
March 14, 2023
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Can the Louisiana Department of Transportation Be Found Liable for a Car Accident?
Driving poses undeniable risks. However, travelers may need to consider how unsafe a barrier curb may be in certain situations. When is the state liable for these conditions? A case from the St. John Baptist parish considered how the state department of development and transportation was at fault for construction risks that contributed to an
March 11, 2023
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What does “Not Charted, Not Done” Mean in Louisiana, and How Does it Apply to Medical Malpractice Cases?
When one enters the hospital in times of a medical emergency, they hope that they will receive the highest standard of care possible. Often there can be uncertainty, however, as to what the threshold is for the highest acceptable standard of care. In an emergency, it can also become unclear what treatment was received exactly.
March 10, 2023
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Are You Required to Plead the Word “Conspiracy” in Louisiana For Solidary Liability?
In Louisiana, a conspiracy is a combination of two or more persons to do something unlawful, either as a means or as an ultimate end. Once a conspiracy has been established, an act done by one in the furtherance of the unlawful act is, by law, the act of all others involved in the conspiracy.Â
March 9, 2023
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Angola Prisoner Denied Requested Shoulder Surgery After Review of Medical Records
Rick Sheppard, an inmate in the custody of the Louisiana Department of Public Safety and Corrections, injured his left shoulder two separate times while participating in the Angola Prison Rodeo. After seeing two specialists, Sheppard maintained that the medication and physical therapy regimen he had been following was ineffective. When Sheppard filed an administrative petition, he
March 8, 2023
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Medical Malpractice Lawsuit Tossed Due to Louisiana’s Prescriptive Period
A man is in the hands of a facility tasked with providing sufficient medical care. Instead of meeting this standard of care and due diligence, the facility fails to adjust the man’s diet, and he chokes on solid food that he should not eat, leading to his death. When his parents and children bring multiple
March 7, 2023
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Louisiana Restaurant Evades Liability For Speculative Slip-and-Fall Claim
Slip-and-fall cases are prevalent in the restaurant industry. In handling various kinds of food and drink, it makes sense that sometimes, things end up on the floor and can cause a slip hazard for customers. But when a customer falls without a clear cause, how can the court determine who is at fault? Laurita Guillory
March 6, 2023
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Jeffrey Berniard
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.