An employee working on the deck of a marine vessel suffered injuries to his back and hips after a crane moving equipment from the dock swung a cargo basket at him and pinned him to the ship. The employee sued the company operating the crane as well as his own employer who operated the ship
A man died in Calcasieu Parish following an altercation with the Lake Charles Police Department. The victim, Deshotels, was chased out of a neighbor’s garage by her husband. The husband grabbed him in a chokehold, which ultimately rendered him unconscious. On their way to a burglary call in the same area, the police en route
As you may know, different states have sometimes very different laws. Laws are overall somewhat similar, but small discrepancies between state laws will matter a great deal in a lawsuit. The most common example of this type of conflict occurs when an individual has been injured in one state, usually while traveling, and actually lives
In our prior post, we began our review of a wrongful death action that followed the tasering of Othello Pierre by two St. Martin Parish Sheriff’s deputies after he caused a disturbance at a Fourth of July party and attempted to flee the scene. We now examine the approach taken by the U.S. Court of
On July 4, 2008, Othello Pierre attended a party at his uncle’s house in St. Martin Parish. Pierre’s uncle called 911 when Pierre got into a violent argument with a cousin. Two deputies with the St. Martin Parish Sheriff’s Department responded. A third deputy and distant relative of Pierre was also at the party; she
The Three Pillars of Louisiana Injury Damages: Cause, Duration, and Intensity One of the most common tactics insurance companies use to lower a settlement is pointing to a pre-existing condition. They argue that because you were treated for a similar pain years ago, your current suffering isn’t their fault. However, Louisiana law is clear: a
Officers of the Court are expected to follow a specific level of professionalism and truthfulness that trumps any personal feelings they have on a case. One unfortunate case highlighted today involves the dissolution of a 22-year marriage and the unfortunate deceitful behavior of the husband and his attorney. Unbeknownst to the wife, the husband filed
This post is a follow up regarding the worker’s compensation claims in a maritime case previously discussed in “Maritime Injury: The Jones Act.” The Fifth Circuit Court of Appeals also addressed the complicated worker’s compensation aspects of this case in addition to the rejection of the use of The Jones Act in the injured party’s
The Court of Appeals for the Fifth Circuit addressed an injury case that involved a crane mechanic who was injured on an offshore drilling rig. The man was injured when he fell through an uncovered ladder hole on the top portion of the crane cab which was about fourteen feet above the deck of the
A sheriff candidate for Concordia Parish, James Whittington, sued his opponent, Sheriff Randy Maxwell, for malicious prosecution and violating both his Fourth Amendment and First Amendment rights. During the sheriff election campaign, Whittington ran several ads in the local newspaper including several that described misconduct that had allegedly taken place in the Sheriff’s Office during
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.
An employee working on the deck of a marine vessel suffered injuries to his back and hips after a crane moving equipment from the dock swung a cargo basket at him and pinned him to the ship. The employee sued the company operating the crane as well as his own employer who operated the ship
A man died in Calcasieu Parish following an altercation with the Lake Charles Police Department. The victim, Deshotels, was chased out of a neighbor’s garage by her husband. The husband grabbed him in a chokehold, which ultimately rendered him unconscious. On their way to a burglary call in the same area, the police en route
As you may know, different states have sometimes very different laws. Laws are overall somewhat similar, but small discrepancies between state laws will matter a great deal in a lawsuit. The most common example of this type of conflict occurs when an individual has been injured in one state, usually while traveling, and actually lives
In our prior post, we began our review of a wrongful death action that followed the tasering of Othello Pierre by two St. Martin Parish Sheriff’s deputies after he caused a disturbance at a Fourth of July party and attempted to flee the scene. We now examine the approach taken by the U.S. Court of
On July 4, 2008, Othello Pierre attended a party at his uncle’s house in St. Martin Parish. Pierre’s uncle called 911 when Pierre got into a violent argument with a cousin. Two deputies with the St. Martin Parish Sheriff’s Department responded. A third deputy and distant relative of Pierre was also at the party; she
The Three Pillars of Louisiana Injury Damages: Cause, Duration, and Intensity One of the most common tactics insurance companies use to lower a settlement is pointing to a pre-existing condition. They argue that because you were treated for a similar pain years ago, your current suffering isn’t their fault. However, Louisiana law is clear: a
Officers of the Court are expected to follow a specific level of professionalism and truthfulness that trumps any personal feelings they have on a case. One unfortunate case highlighted today involves the dissolution of a 22-year marriage and the unfortunate deceitful behavior of the husband and his attorney. Unbeknownst to the wife, the husband filed
This post is a follow up regarding the worker’s compensation claims in a maritime case previously discussed in “Maritime Injury: The Jones Act.” The Fifth Circuit Court of Appeals also addressed the complicated worker’s compensation aspects of this case in addition to the rejection of the use of The Jones Act in the injured party’s
The Court of Appeals for the Fifth Circuit addressed an injury case that involved a crane mechanic who was injured on an offshore drilling rig. The man was injured when he fell through an uncovered ladder hole on the top portion of the crane cab which was about fourteen feet above the deck of the
A sheriff candidate for Concordia Parish, James Whittington, sued his opponent, Sheriff Randy Maxwell, for malicious prosecution and violating both his Fourth Amendment and First Amendment rights. During the sheriff election campaign, Whittington ran several ads in the local newspaper including several that described misconduct that had allegedly taken place in the Sheriff’s Office during