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The Louisiana Supreme Court Reduces Damages for Exposure to Toxic Chemical Leaked by Plant in Taft, Louisiana

A Union Carbide Corporation plant facility in Taft, Louisiana, leaked a toxic chemical compound for at least seventeen hours on September 10th and 11th in 1998. Rainwater accumulation from Tropical Storm Frances caused partial collapse of the floating roof on a large tank storing liquid naphtha. Consequently, a tank seal broke allowing escape of liquid

December 21, 2010 No Comments

Terrebonne Medical Malpractice Suit Reaffirms Trial Court’s Role in Qualifying Expert Witnesses

As we have examined in several prior blog posts, expert testimony plays a very important part in the resolution of many tort suits, especially those involving medical malpractice claims. Because the details of medical procedures can add considerable complexity to a case, expert witnesses are commonly relied on by both plaintiffs and defendants to help

December 19, 2010 No Comments

Mamou Slip-and-Fall Case Fails at Summary Judgment Due to Lack of Evidence

In a prior post, we explored the elements that a plaintiff must prove in order to recover against the owner of a business due to an unsafe condition on the property. There, the plaintiff, Lisa Beckham, tripped and fell over some loose asphalt in an unpaved parking lot of a children’s play facility in West

December 17, 2010 No Comments

Court Examines the Use of a Settlement Check as a Compromise and Release

The parties to a legal dispute, such as the payment of damages resulting from a car accident, can reach an agreement between themselves to resolve the matter and avoid litigation. This agreement, under which the parties “give and take” to arrive at a solution that is satisfactory to both, is called a compromise. Under Louisiana

December 15, 2010 No Comments

Time is of the Essence: Losing a Claim As a Result of Prescription

Time is of the essence when filing a claim; a person can essentially lose the case before it even begins if the claim is not filed “in time”. But the question is when is a claim “on time?” In the recent case holding of Casborn v. Curran and Northshore Regional Medical Center, the court explained

December 9, 2010 No Comments

Part 2: Case of Barge Accident Reveals Strategy to Prevent Plaintiff’s from Winning Case

Resuming where we last left off in this important case… The court then turned to the deposition of Rigoberto Garcia, an employee of Maxum. Garcia had testified that while he was at work the day before the accident, all safety barricades were set up. He said that Maxum employees never removed the safety barricades when

December 3, 2010 No Comments

Part 1: Louisiana Barge Case Showcases Divide and Conquer Strategy When Suing Multiple Defendants

The Third Circuit Court of Appeals for Louisiana released their decision in Cotone v. Corrosion Control Systems, Inc. The case highlights the importance of the plaintiff’s “divide and conquer” strategy when litigating against multiple defendants. Additionally, it illuminates the challenges defendants and plaintiffs may both face in lawsuits involving injuries occuring in settings controlled and

December 2, 2010 No Comments

State Court of Appeals Explains Plaintiff’s Standard in Minden, Louisiana, Trip and Fall Case.

In June, The Louisiana Court of Appeals published their opinion for Watts V. Scottsdale Ins. Co., a case involving a trip-and-fall that occurred at a restaurant in Minden, Louisiana. In the decision, the court articulated the plaintiff’s standard for prevailing in trip-and-fall cases that occur within the state. The facts of the case are simple

November 28, 2010 No Comments

Louisiana Products Liability Act Requires Swift Action by Plaintiffs

In Louisiana, a tort suit must be filed within a certain period of time after the incident occurs. This is called the “prescriptive period,” and serves several purposes. It puts the defendant on notice within a reasonable period of time that a plaintiff has a possible claim against him and thereby allows him to preserve

November 24, 2010 No Comments

St. Martin Parish Accident Shows Review Standard for General Damages

On May 22, 2006, Patricia Case was driving on Oday Road following a tractor driven by Barry Frederick, an employee of Burt Oubre of Burt Oubre Farms. She then decided to pass the tractor at the same time that Barry Frederick was turning left across Mrs. Case’s path. The two vehicles collided. Following the collision,

November 20, 2010 No Comments

Jeffrey Berniard

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

VIEWING ARCHIVES FOR:

Pain And Suffering Claims

Search Our Legal Knowledge Base

The Louisiana Supreme Court Reduces Damages for Exposure to Toxic Chemical Leaked by Plant in Taft, Louisiana

Terrebonne Medical Malpractice Suit Reaffirms Trial Court’s Role in Qualifying Expert Witnesses

Mamou Slip-and-Fall Case Fails at Summary Judgment Due to Lack of Evidence

Court Examines the Use of a Settlement Check as a Compromise and Release

Time is of the Essence: Losing a Claim As a Result of Prescription

Part 2: Case of Barge Accident Reveals Strategy to Prevent Plaintiff’s from Winning Case

Part 1: Louisiana Barge Case Showcases Divide and Conquer Strategy When Suing Multiple Defendants

State Court of Appeals Explains Plaintiff’s Standard in Minden, Louisiana, Trip and Fall Case.

Louisiana Products Liability Act Requires Swift Action by Plaintiffs

St. Martin Parish Accident Shows Review Standard for General Damages

Jeffrey Berniard

Archives

The Louisiana Supreme Court Reduces Damages for Exposure to Toxic Chemical Leaked by Plant in Taft, Louisiana

Terrebonne Medical Malpractice Suit Reaffirms Trial Court’s Role in Qualifying Expert Witnesses

Mamou Slip-and-Fall Case Fails at Summary Judgment Due to Lack of Evidence

Court Examines the Use of a Settlement Check as a Compromise and Release

Time is of the Essence: Losing a Claim As a Result of Prescription

Part 2: Case of Barge Accident Reveals Strategy to Prevent Plaintiff’s from Winning Case

Part 1: Louisiana Barge Case Showcases Divide and Conquer Strategy When Suing Multiple Defendants

State Court of Appeals Explains Plaintiff’s Standard in Minden, Louisiana, Trip and Fall Case.

Louisiana Products Liability Act Requires Swift Action by Plaintiffs

St. Martin Parish Accident Shows Review Standard for General Damages

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