Automobile insurance policies commonly include a clause that requires the insurer to provide a legal defense for claims made against the insured driver. Insurers have a right to contest coverage for any claim, though, and when this happens the insurer is faced with the dilemma between its contractual duty to defend the insured and its
Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue of material fact” is a
The recall of DePuy ASR Hip implants by the company and its parent corporation Johnson & Johnson demonstrates a problem that has has raised the ire of watchdog groups for years. This device, designed to replace the failing hip of individuals across the United States, is merely one in a line of products that have
Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue of material fact” is a
When people undergo surgery to repair an injured joint or body part, they hope that life will return to as close to “normal” as possible. Despite the fact that surgery is an extensive process that can be taxing mentally and physically on the patient, people obviously expect the best due to the amount of time,
A very recent Louisiana Court of Appeals decision arises from a lawsuit filed by Lloyd and Dotris Bordelon to recover damages stemming from a pedestrian-vehicle accident that followed a vehicle-vehicle collision. The first accident occurred in September 2003, when John Vercher and his wife were going north on Highway One in Avoyelles Parish to Mr.
The DePuy ASR Hip System, which has recently been deemed unworthy of use and subsequently recalled, has caused thousands of individuals severe pain, discomfort, and difficulty performing daily tasks that were once easy to carry out due to its failure. Lawsuits have been filed against Johnson & Johnson and their unit DePuy for numerous claims
Johnson & Johnson’s DePuy Orthopedics unit has recently recalled two hip implant products, the ASR XL Ace tabular System and the ASR Hip Resurfacing System. The recall was announced in late August 2010, yet reports have surfaced showing that DePuy may have been aware of problems relating to their hip implant product as far back
While many people receive much of their legal understanding from popular tv shows and movies, the fact remains that very real legal concepts are often explored. Regardless of your television preferences, the terms remain the same in real life litigation that often involves great tragedy and turmoil for all parties involved. Medical malpractice. Negligence. These
Recently, lawsuits have been filed against Johnson and Johnson’s orthopedic division, DePuy Orthopedics, Inc., for injuries caused by the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. Both of these metal on metal hip implants have been recalled as a result of the exceptionally high number of individuals experiencing severe pain and
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
Automobile insurance policies commonly include a clause that requires the insurer to provide a legal defense for claims made against the insured driver. Insurers have a right to contest coverage for any claim, though, and when this happens the insurer is faced with the dilemma between its contractual duty to defend the insured and its
Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue of material fact” is a
The recall of DePuy ASR Hip implants by the company and its parent corporation Johnson & Johnson demonstrates a problem that has has raised the ire of watchdog groups for years. This device, designed to replace the failing hip of individuals across the United States, is merely one in a line of products that have
Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue of material fact” is a
When people undergo surgery to repair an injured joint or body part, they hope that life will return to as close to “normal” as possible. Despite the fact that surgery is an extensive process that can be taxing mentally and physically on the patient, people obviously expect the best due to the amount of time,
A very recent Louisiana Court of Appeals decision arises from a lawsuit filed by Lloyd and Dotris Bordelon to recover damages stemming from a pedestrian-vehicle accident that followed a vehicle-vehicle collision. The first accident occurred in September 2003, when John Vercher and his wife were going north on Highway One in Avoyelles Parish to Mr.
The DePuy ASR Hip System, which has recently been deemed unworthy of use and subsequently recalled, has caused thousands of individuals severe pain, discomfort, and difficulty performing daily tasks that were once easy to carry out due to its failure. Lawsuits have been filed against Johnson & Johnson and their unit DePuy for numerous claims
Johnson & Johnson’s DePuy Orthopedics unit has recently recalled two hip implant products, the ASR XL Ace tabular System and the ASR Hip Resurfacing System. The recall was announced in late August 2010, yet reports have surfaced showing that DePuy may have been aware of problems relating to their hip implant product as far back
While many people receive much of their legal understanding from popular tv shows and movies, the fact remains that very real legal concepts are often explored. Regardless of your television preferences, the terms remain the same in real life litigation that often involves great tragedy and turmoil for all parties involved. Medical malpractice. Negligence. These
Recently, lawsuits have been filed against Johnson and Johnson’s orthopedic division, DePuy Orthopedics, Inc., for injuries caused by the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System. Both of these metal on metal hip implants have been recalled as a result of the exceptionally high number of individuals experiencing severe pain and