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Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

The Building Blocks of Justice: How Louisiana Laws Are Made Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them?

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Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it. Case Background Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel had previously reviewed the case

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Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land. Case Background Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed

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Who’s Responsible When a Step Collapses?

The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury. Case Summary Melanie Mark was injured when a wooden

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Too Late to Sue: Court Upholds Prescription in Construction Site Injury Case

In a ruling emphasizing the critical importance of adhering to legal deadlines, the Louisiana Court of Appeal, Fifth Circuit, affirmed the dismissal of a personal injury lawsuit due to prescription, leaving the injured plaintiff without recourse. In the case, the court affirmed a trial court judgment that dismissed Tammy Blanchard’s personal injury claims due to

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Siblings Awarded $200K in Legal Malpractice Case: A Cautionary Tale of Attorney Negligence

In a poignant reminder of the potential consequences of attorney negligence, the Louisiana Court of Appeal recently upheld a substantial $200,000 legal malpractice award to four siblings who tragically lost their brother due to their former attorneys’ alleged mishandling of a wrongful death lawsuit. This case highlights the importance of competent legal representation and the potential

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No Bond, No Appeal: Louisiana Court Dismisses Workers’ Comp Appeal for Procedural Misstep

In a decisive move highlighting the importance of procedural adherence in workers’ compensation cases, the Louisiana Court of Appeal, Fourth Circuit, dismissed an appeal because the appellants failed to post a required appeal bond. This decision underscores the importance of adhering to procedural requirements in workers’ compensation appeals. Case Background: Angela Jackson sustained an ankle

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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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