Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

The Louisiana Supreme Court has recently undertaken a case deciding whether arbitration clauses in attorney-client retainer agreements are appropriate. In the past, Louisiana has favored the enforcement of arbitration clauses in written contracts. Arbitration avoids taking a case to trial and is a thrifty and efficient way to conduct the resolution of disputes outside of

May 10, 2013 No Comments

Summary Judgment Rules Brought to Light in Tort Case

A Louisiana volunteer firefighter, Rodney Champagne, who works for the Duson Volunteer Fire Department was injured around June 28, 2010, while testing fire hoses at the fire department. After the hose wall blew out, the hose struck Mr. Champagne in the head, ultimately causing permanent mental injuries. The contact also fractured his skull. In response,

May 1, 2013 No Comments

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Settling with an insurance company out of court is commonplace in the legal world. However, entering into a “High/Low” agreement prior to trial can come back to hurt a plaintiff and should be carefully worded and considered before executed. The cost of this kind of failure is exemplified in Soileau v. Smith True Value and

April 28, 2013 No Comments

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Licensed attorneys in New Orleans were asked which attorney they would recommend to residents in the New Orleans area. Attorney Jeffrey Berniard, of the New Orleans-based Berniard Law Firm, LLC, was named one of the best mass litigation and class action attorneys in New Orleans in the November 2012 issue of the magazine. Propelled into

April 4, 2013 No Comments

Second Circuit Appeals Affirms Department of Transportation Case Involving Multi-Car Accident

In Louisiana, the Department of Transportation and Development (DOTD) is responsible for the maintenance of public roadways “in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and resonable prudence.” In order to accomplish this goal in a safe and legal manner,

March 29, 2013 No Comments

What is a Class Action? Who is the “Class?”

In Jane Doe v. Southern Gyms, LLC arising out of Baton Rouge, Louisiana, a class action suit was filed involving a local branch of the national gym, Anytime Fitness, was accused of taking pictures of 250-300 women changing in a locker room. The plaintiffs filed on behalf of all women who’d used the gym during

March 28, 2013 No Comments

Insurance Ruling Upholds Third-Party Fire Damage Claims

When personal items are lost to fire, the anguish one experiences can be devastating. One must sift through the remains to determine what was lost, not only as a personal inventory but also for insurance purposes. Such was the experience of Ronald and Delores Semar of Lafayette, Louisiana. Their building was destroyed after an adjacent

March 18, 2013 No Comments

Use of Arbitration an Inviting, Albeit Complex, Form of Civil Litigation Resolution

Louisiana strongly favors arbitration between parties when they have a dispute. Generally, it is less expensive and less time consuming than taking the case to trial. The arbitrator will determine the outcome of the damages based on an assessment of all of the circumstances in the case. Each side presents their side of the story

March 15, 2013 No Comments

Mandeville, Louisiana, Couple Fights Installers of Chinese Drywall

Jason and Renee Niemann, a couple from Mandeville, Louisiana, purchased a home in 2007 in the Lakeside Village Subdivision in Mandeville, Louisiana. Unbeknownst to them, a subcontractor, Calmar Construction Company, installed Chinese drywall in the home during construction in 2006, and the Niemanns have been fighting the builder, subcontractor, and subdivision developer in court since

March 12, 2013 No Comments

Supreme Court Required to Rule on Discrepancies in Results of Louisiana Code

Kevin and Corliss Stenson, Et Al. v. City of Oberlin and Meyer, Meyer, LaCroix and Hixson, Inc. is a very interesting and very important case to come out of the Parish of Allen. The case resulted in divergent opinions between the trial and appelate courts of the Allen Parish, ultimately requiring the Supreme Court to

February 14, 2013 No Comments

VIEWING ARCHIVES FOR:

Product Defect

Search Our Legal Knowledge Base

Louisiana Supreme Court Finds Binding Arbitration Clause Fair and Reasonable to the Client

Summary Judgment Rules Brought to Light in Tort Case

High/Low Agreement Proves Fatal to Plaintiff’s Cause of Action

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Second Circuit Appeals Affirms Department of Transportation Case Involving Multi-Car Accident

What is a Class Action? Who is the “Class?”

Insurance Ruling Upholds Third-Party Fire Damage Claims

Use of Arbitration an Inviting, Albeit Complex, Form of Civil Litigation Resolution

Mandeville, Louisiana, Couple Fights Installers of Chinese Drywall

Supreme Court Required to Rule on Discrepancies in Results of Louisiana Code

Jeffrey Berniard

Archives

Ready to get answers from a qualified injury lawyer?

FREE Consultation

Call: 504-521-6000

Working Hours