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Changes to the Louisiana Direct Action Statute: Can You Still Sue an Insurance Company?

For decades, Louisiana was unique. Under the historic version of the Louisiana Direct Action Statute, an injured car wreck or slip-and-fall victim could bypass standard procedural hurdles and sue an at-fault party’s insurance company directly.   Involved in a Commercial Truck Wreck? Louisiana’s Direct Action Statute gives injured victims the unique right to pursue the

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July 1, 2014 No Comments

Personal Jurisdiction Reviewed in Case With International Implications

The U.S. Court of Appeals for the Fifth Circuit affirmed a judge’s dismissal of the People’s Republic of China and a Chinese company, Xiamen, from litigation in the U.S. District Court for the Eastern District of Louisiana. The appeals court agreed with the trial court that the federal judiciary lacked personal jurisdiction and subject matter

Read More »
January 12, 2014 No Comments

Rear-End Collision Case Examines Liability, Statutes in Louisiana

A case arising out of a St. Martin Parish accident has shed light on the responsibility placed on drivers following behind another vehicle. According to Journet v. Mouton out of the Court of Appeal for the Third Circuit, a driver following another vehicle must exercise great care. The case arose out of an accident where

Read More »
January 9, 2014 No Comments

Louisiana Medical Malpractice Case Examines Federal Antidumping Laws

A recent case arising from occurrences in West Carroll Hospital considers the Louisiana and federal antidumping laws. In addition, it also explains the requirements for a case under medical malpractice. Several hospitals were involved in the case, but only two were actually involved in the suit. A woman who had serious kidney and urinary problems

Read More »
January 7, 2014 No Comments

Medical Malpractice Subject to Prescription Limits

Doctors at the Women and Children’s Hospital in Lake Charles, Louisiana, botched Beverly Lebouef’s surgery in 2003. Eventually Lebouef sought legal advice and brought action against her surgeon. Much later in the pre-trial phase, arguably over a year later, she added a new doctor to his lawsuit who had helped perform one of the surgeries.

Read More »
January 3, 2014 No Comments

Rayville Doctor Found to Have Acted Within Standard of Care

Going to the hospital can be an unsettling experience. There are many ways treatment can go wrong and result in serious injury or death. Medical conditions can be misdiagnosed or wrongly diagnosed, wrong prescriptions or doses can be prescribed, and surgical errors can occur. When these mistakes happen and a medical malpractice lawsuit is filed

Read More »
December 29, 2013 No Comments

Car Accident Leads to Examination of Mutual Responsibility

We’ve all been there: you’re running late for work, so you rush out the door and into your car. You drive ever so slightly above the speed limit, and all the traffic lights you come across are green. Fortune seems to be on your side. Suddenly, a car seemingly comes out of nowhere and hits

Read More »
December 28, 2013 No Comments

Medical Malpractice Ruling Awards Wrongful Death Damages

Imagine taking your mother to the emergency room for abdominal pain and vomiting. A CT scan and x-ray do not reveal any serious medical issues, and blood work merely shows that her potassium level is low. But within a few hours, she is dead. Now imagine witnessing her death – seeing her break out in

Read More »
December 24, 2013 No Comments

Medical Malpractice Claims Rely Heavily Upon Prescriptive Period

In Louisiana, a civil law doctrine known as “prescription” limits the amount of time that may pass before someone files a lawsuit. Prescription is the extinction of a right of recovery and occurs due to a failure to exercise that right over a period of time. In other states, this doctrine may be referred to

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December 21, 2013 No Comments

Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

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

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Archives

Changes to the Louisiana Direct Action Statute: Can You Still Sue an Insurance Company?

July 1, 2014 No Comments

For decades, Louisiana was unique. Under the historic version of the Louisiana Direct Action Statute, an injured car wreck or slip-and-fall victim could bypass standard procedural hurdles and sue an at-fault party’s insurance company directly.   Involved in a Commercial Truck Wreck? Louisiana’s Direct Action Statute gives injured victims the unique right to pursue the

Read More »

Personal Jurisdiction Reviewed in Case With International Implications

January 12, 2014 No Comments

The U.S. Court of Appeals for the Fifth Circuit affirmed a judge’s dismissal of the People’s Republic of China and a Chinese company, Xiamen, from litigation in the U.S. District Court for the Eastern District of Louisiana. The appeals court agreed with the trial court that the federal judiciary lacked personal jurisdiction and subject matter

Read More »

Rear-End Collision Case Examines Liability, Statutes in Louisiana

January 9, 2014 No Comments

A case arising out of a St. Martin Parish accident has shed light on the responsibility placed on drivers following behind another vehicle. According to Journet v. Mouton out of the Court of Appeal for the Third Circuit, a driver following another vehicle must exercise great care. The case arose out of an accident where

Read More »

Louisiana Medical Malpractice Case Examines Federal Antidumping Laws

January 7, 2014 No Comments

A recent case arising from occurrences in West Carroll Hospital considers the Louisiana and federal antidumping laws. In addition, it also explains the requirements for a case under medical malpractice. Several hospitals were involved in the case, but only two were actually involved in the suit. A woman who had serious kidney and urinary problems

Read More »

Medical Malpractice Subject to Prescription Limits

January 3, 2014 No Comments

Doctors at the Women and Children’s Hospital in Lake Charles, Louisiana, botched Beverly Lebouef’s surgery in 2003. Eventually Lebouef sought legal advice and brought action against her surgeon. Much later in the pre-trial phase, arguably over a year later, she added a new doctor to his lawsuit who had helped perform one of the surgeries.

Read More »

Rayville Doctor Found to Have Acted Within Standard of Care

December 29, 2013 No Comments

Going to the hospital can be an unsettling experience. There are many ways treatment can go wrong and result in serious injury or death. Medical conditions can be misdiagnosed or wrongly diagnosed, wrong prescriptions or doses can be prescribed, and surgical errors can occur. When these mistakes happen and a medical malpractice lawsuit is filed

Read More »

Car Accident Leads to Examination of Mutual Responsibility

December 28, 2013 No Comments

We’ve all been there: you’re running late for work, so you rush out the door and into your car. You drive ever so slightly above the speed limit, and all the traffic lights you come across are green. Fortune seems to be on your side. Suddenly, a car seemingly comes out of nowhere and hits

Read More »

Medical Malpractice Ruling Awards Wrongful Death Damages

December 24, 2013 No Comments

Imagine taking your mother to the emergency room for abdominal pain and vomiting. A CT scan and x-ray do not reveal any serious medical issues, and blood work merely shows that her potassium level is low. But within a few hours, she is dead. Now imagine witnessing her death – seeing her break out in

Read More »

Medical Malpractice Claims Rely Heavily Upon Prescriptive Period

December 21, 2013 No Comments

In Louisiana, a civil law doctrine known as “prescription” limits the amount of time that may pass before someone files a lawsuit. Prescription is the extinction of a right of recovery and occurs due to a failure to exercise that right over a period of time. In other states, this doctrine may be referred to

Read More »

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