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Third Circuit Explains Process for Court’s Interpretation of Insurance Policy in Vernon Parish Wreck

Previously on our personal injury blog, we have seen that an automobile liability insurance carrier’s coverage of a substitute vehicle is determined by the language of the insurance policy. Courts apply “ordinary contract principles” and interpret the policy’s language, and this interpretation “is usually a legal question that can be properly resolved in the framework

May 16, 2011 No Comments

Prescription Runs on Ouachita Parish Medical Malpractice and Wrongful Death Survival Action Claim

The plaintiff in this case, Suzanne Hammond, was the mother of Latousha Tillman and the grandmother of her stillborn child, Ladaizya Tillman. On March 31, 2004, Ms. Tillman arrived at the St. Francis Hospital emergency room complaining of pain, nausea, and vomiting. She was 25 years old and 23 weeks pregnant. Dr. Joiner treated her

May 16, 2011 No Comments

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Louisiana law requires all motor vehicle liability insurance policies to extend coverage not only to the insured, but also to any other person with express or implied permission to drive the motor vehicle. Once the insured gives permission, coverage will be denied only if the driver deviates from the permissive use. Consequently, at issue in

May 14, 2011 No Comments

Louisiana Department of Wildlife and Fisheries, Department of Transportation and Development Found Liable for Natchitoches Parish Drowning

In a ruling by the Third Circuit Court of Appeal for the State of Louisiana, the Louisiana Department of Wildlife and Fisheries (LDWF) and the Department of Transportation and Development (DOTD) were found jointly liable for $3.9 million to Vanna McManus and her children, the survivors of a man who drowned at Chivery Dam in

May 12, 2011 No Comments

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

From the Courts of Equity of the England of yore to Louisiana’s Third Circuit, fairness is and has been for a long time an essential component of the law. Civil concepts of fairness still exist today, especially in Louisiana courts dedicated to making whole the victim of a crime. Edward Signal, like many injury victims,

May 10, 2011 No Comments

Smooth Away Product Not All It’s Purported to Be

Infomercials, commonplace in the wee nights for insomniacs, often push the envelope of how groundbreaking and innovative their products are. Using notions of mystery and incredible results, these product “debuts” draw the viewer in by promising results, and features, that commonplace items cannot. While most people would take these promises with a grain of salt,

May 9, 2011 No Comments

The Effect of Statutory Employee Status on a Claim for Injury on the Job

The health and safety of workers is a pressing concern for both employees and employers alike. When an injury occurs at a job site, many questions arise as to the care of the injured and the responsibility of the employer in regard to that care. As an employee, the question of who pays for the

May 8, 2011 No Comments

Court Clarifies Duty of Ambulance Dispatcher in Dropped 911 Call

When a caller dials 911 to report an emergency, it is not uncommon for the operator to transfer the caller to the local service provider that is best suited to respond to the incident. For instance, a caller who reports an auto accident can expect to be connected with the nearest ambulance service. In the

May 6, 2011 No Comments

On Prematurity and a Plaintiff’s Case for Damages

According to the Louisiana Code of Civil Procedure, a defendant can file an “exception of prematurity” to challenge whether the plaintiff’s cause of action has “matured to the point where it is ripe for judicial determination.” A classic (mis)application of the exception is found in the 1999 case, Steed v. St. Paul’s United Methodist Church.

May 4, 2011 No Comments

Sony Network Shutdown Caused by Data/Personal Information Leak

The video game world was rocked recently by the shutdown of the Sony Playstation 3 Gaming Network. While a free service, the fact that gamers were unable to connect to the network and play their favorite games against both friends and strangers added a wrinkle to an already complex competition between the electronics giant and

May 2, 2011 No Comments

Jeffrey Berniard

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

Louisiana Department of Wildlife and Fisheries, Department of Transportation and Development Found Liable for Natchitoches Parish Drowning

May 12, 2011 No Comments

VIEWING ARCHIVES FOR:

Personal Injury

Search Our Legal Knowledge Base

Third Circuit Explains Process for Court’s Interpretation of Insurance Policy in Vernon Parish Wreck

Prescription Runs on Ouachita Parish Medical Malpractice and Wrongful Death Survival Action Claim

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Louisiana Department of Wildlife and Fisheries, Department of Transportation and Development Found Liable for Natchitoches Parish Drowning

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

Smooth Away Product Not All It’s Purported to Be

The Effect of Statutory Employee Status on a Claim for Injury on the Job

Court Clarifies Duty of Ambulance Dispatcher in Dropped 911 Call

On Prematurity and a Plaintiff’s Case for Damages

Sony Network Shutdown Caused by Data/Personal Information Leak

Jeffrey Berniard

Archives

Third Circuit Explains Process for Court’s Interpretation of Insurance Policy in Vernon Parish Wreck

Prescription Runs on Ouachita Parish Medical Malpractice and Wrongful Death Survival Action Claim

Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case

Louisiana Department of Wildlife and Fisheries, Department of Transportation and Development Found Liable for Natchitoches Parish Drowning

Successful Appeal for Fairness in Iberia Parish Car Accident Payment

Smooth Away Product Not All It’s Purported to Be

The Effect of Statutory Employee Status on a Claim for Injury on the Job

Court Clarifies Duty of Ambulance Dispatcher in Dropped 911 Call

On Prematurity and a Plaintiff’s Case for Damages

Sony Network Shutdown Caused by Data/Personal Information Leak

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