Has your business sought to avoid litigation over its insured business activities by negotiating an out of court settlement? Louisiana business Meyers Warehouse, Inc. (“Meyers) pursued this route assuming its insurer, Canal Indemnity Company (“Canal”), would join Meyers in settlement negotiations. However, to its surprise, Canal refused to participate in…
Accidents occur in daily life. Often, severe injuries result. However, prison accidents rarely are discussed. Prisoners who are victims of accidents while serving time are often provided with the same legal protections as an average person. Mr. Fisher was serving time in Louisiana. During his time incarnated, Mr. Fisher worked…
What happens if the trial court makes a mistake? The case can work its way through the court of appeals and even the state supreme court just to be sent back to trial court to begin again. This case involves a lawsuit filed in Louisiana court by a transportation company (“Star”) against…
Is arbitration the best choice even if you don’t think you chose it? In this case out of Orleans Parish the Louisiana Fourth Circuit Court of Appeals decided on an appeal for a declaratory judgment action seeking a decision that the parties had not agreed to arbitrate in their contract.…
In Louisiana, the objection of prescription extinguishes a legal right of recovery when a party fails to exercise it over a given period of time. It is essentially a time limit on a claim, which can be raised in a couple of ways. Typically, it is raised by a peremptory…
Insurance companies are coming under increasing pressure due to the recent proliferation of natural disasters in the United States. For an insurance company, navigating the boundary between legitimate and bad faith denial of claims can be a very risky business. However, courts are providing more and more guidance for insurers of companies who…
The last thing that you want to do after dealing with litigious matters is have to hire more lawyers. However, if you believe your lawyer committed legal malpractice thats exactly what you will be forced to do. Lawsuits containing claims of legal malpractice are taken very seriously by the courts presiding…
In order to file an insurance claim you first must have insurance coverage. It’s important that you stay aware of the renewal dates for the continuation of coverage so that you do not end up losing out on critical insurance payments in times of crisis. In certain situations it’s your…
When one is injured by the actions of another, it is hard to consider all of the moving parts inside and outside of a lawsuit designed to make the injured person whole again. Past medical bills after an accident may come back to haunt someone who has been injured after…
Patricia Jolynn Paulsell-Lathrop (Ms. Paulsell) was injured in a motorcycle accident on June 13, 2005. She, consequently, needed extensive medical care. Her health insurance company covered some of the medical costs. The Louisiana Department of Health and Hospitals- Medicaid Program (DHH) covered some additional costs. According to DHH, Ms. Paulsell…