Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Companies manufacturing items that are inherently dangerous in the course of its normal use have certain legal obligations under products liability law. This case illustrates the necessary components of a successful products liability claim in Louisiana. The plaintiff was working on a backhoe to clean out a drainage culvert when the clamps holding the vehicle’s

November 30, 2013 No Comments

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

A class action suit occurs when a group of people bring a case together as representatives of an entire class of people who are similarly situated. In order to bring a class action in Louisiana, a judge must certify the class. This means that the class of plaintiffs meets the requirements for their class action

November 26, 2013 No Comments

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

The appellate court has affirmed a summary judgment dismissing a widow’s case against Stebbins Engineering and Manufacturing Company. She filed suit after her husband died while he was working at International Paper Company in Mansfield, Louisiana. An employee died when, while attempting to repair a valve on the platform surrounding a white water tank/tile chest,

November 14, 2013 No Comments

The Limited Nature of Appeals Court Highlighted in New Orleans Case

Appeals courts are unique in two major respects: evidentiary requirements and standards of review. When cases are appealed, the evidentiary requirements are different at the appeals level than they were at the trial court level. For example, often the appeals court’s factual inquiry is limited to “the record,” or the facts as explained by the

November 4, 2013 No Comments

Hurricane Lawsuits Demonstrate Value of Proper Representation

In the aftermath of Hurricanes Katrina and Rita, the Louisiana legislature set deadlines for the filing of claims for damages resulting from the hurricanes. These dates were September 1, 2007 for claims of damage resulting from Hurricane Katrina and October 1, 2007 for claims of damage resulting from Hurricane Rita. Any claims filed beyond these

October 27, 2013 No Comments

Landlord Out of Pocket $14k Due to the Negligence of His Repairman

Under Louisiana law, if the owner of a defective ‘thing’ knew, or in the exercise of reasonable care, should have known of the ruin, vice, or defect of the ‘thing,’ if the damage could have been prevented by exercising reasonable care, and if the owner failed to exercise such reasonable care, he is liable for

October 15, 2013 No Comments

Louisiana’s Act 312 and its Impact on the Environment and Oil Exploration

La. R.S. 30:29 (“Act 312”) was in enacted in 2006 and became effective in June of that year. Act 312 provides a procedure for the remediation of oil field sites as well as oil exploration and production sites. Generally, remediation is “the action of remedying something, in particular of reversing or stopping environmental change.” Before

October 11, 2013 No Comments

Court Finds Waiver of Uninsured/Underinsured Motorist Coverage

Although the law requires that all motorists obtain liability coverage, when pressed with financial difficulty and confronted with rising insurance premiums, some individuals voluntarily accept the risk of large fines and choose to forego liability insurance. Despite all attempts at exercising reasonable care, a fraction of these drivers inevitably end up causing accidents. And when

September 21, 2013 No Comments

The Role of Court-Appointed Experts in Complex Litigation

In order to aid the court, a judge might occasionally appoint an expert to help with specific aspects of the case. Court-appointed experts are different from a specific party’s experts because the court-appointed experts do not favor one side or the other, but rather, help the judge with certain tasks or analyses. A trial court-appointed

September 14, 2013 No Comments

Insurance Dispute With Steel Company Exposes Liability Apportionment, Terms

In a recent case, the Fifth Circuit Court of Appeals reviewed the lower court’s application of the “law-of-the-case” and “waiver” doctrines. Both of these doctrines are important rules that express the ultimate power of an appellate court in reviewing issues of law. Generally, an issue of law is a question regarding the application of law

September 12, 2013 No Comments

VIEWING ARCHIVES FOR:

Product Defect

Search Our Legal Knowledge Base

Appeals Court Upholds Summary Judgment Against Manufacturer in Evangeline Parish Products Liability Case

Parish Judge Affirms Denial of Class Certification in Oil Spill Suit

Louisiana Court Says Widow of Paper Mill Employee in Mansfield Unable to Recover Damages

The Limited Nature of Appeals Court Highlighted in New Orleans Case

Hurricane Lawsuits Demonstrate Value of Proper Representation

Landlord Out of Pocket $14k Due to the Negligence of His Repairman

Louisiana’s Act 312 and its Impact on the Environment and Oil Exploration

Court Finds Waiver of Uninsured/Underinsured Motorist Coverage

The Role of Court-Appointed Experts in Complex Litigation

Insurance Dispute With Steel Company Exposes Liability Apportionment, Terms

Jeffrey Berniard

Archives

Ready to get answers from a qualified injury lawyer?

FREE Consultation

Call: 504-521-6000

Working Hours