We have all had that moment in a revolving door when the door seems to be moving just a bit too fast. You do your best to keep up but the back of the door knocks into your foot. No harm, no foul when you get a little bump on your…
Louisiana Personal Injury Lawyer Blog
Does Signing a Settlement Release Extinguish All Claims in Louisiana, Including Cancer?
Accidents happen, and sometimes it takes years before the effects of those accidents show up. So what happens in Louisiana if you are exposed to a toxic chemical and go through the traditional lawsuit process including resolving all of your claims but later develop cancer? Can you come back and…
Insurers Owe No Duty to Defend Against Exempted Claims in Bollinger Shipbuilder Lawsuit
It seems rare in insurance coverage litigation for a court to wholeheartedly agree with an insurer that the coverage requested is not in fact provided for in the contract for insurance. Yet, the U.S. Court of Appeals for the Fifth Circuit did just that, upholding a decision out of the…
The Plight of the Luddite: Increasing Concerns for Plaintiffs of Age Discrimination Claims
A Luddite is a person who is opposed to technological innovation. A Luddite will refuse to learn about new technology and will not incorporate it into their skills, either at work or at home. Having this mindset has obvious drawbacks for workers in today’s world, but what happens to the…
Louisiana Appeals Court Defines “Employee” in Sexual Harassment Lawsuit From Iberia Parish
In the law, it is common for a case to turn on the definition of one word. A word that ordinarily may conjure a single image can explode with possibilities, nuances, and sometimes disastrous consequences during a lawsuit. For Mr. D that word was “employee.” In a recent case, the…
CVS’s Wet Floor Not The Cause of Metairie Man’s Death
A slippery floor can be a real hazard but even the slickest surface, for all its danger, doesn’t cause every problem. The Louisiana Court of Appeal for the First Circuit made that clear in a recent decision involving a CVS Pharmacy in Metairie, Louisiana. Georgia Clesi and her husband, John…
Do Drivers Entering Louisiana Highways Have a Duty to Yield to Traffic?
You are driving down a highway in Louisiana minding your own business when all of the sudden an eighteen wheeler pulls out of nowhere. BAM, you slam into the side of it, your back aches, your car is wrecked and now you are involved in a lawsuit. Who is at…
Burger King Employee Loses Out On Workers’ Compensation After Misrepresenting Injuries
When someone brings a workers’ compensation claim against an employer or former employer, they must not falsely represent any material fact, or the entire workers’ compensation claim will be forfeited. When the court finds that a plaintiff has misrepresented a material fact, they dismiss that claim in favor of the…
Court of Appeal Discusses Louisiana’s “Lemon Law” Regarding Used Automobile Sales
Buying an automobile can be an exciting experience regardless of whether one is trading in an old gas-guzzler for a newer, more efficient model or buying brand new. However, the process of buying an automobile can be a hassle if one happens to purchase a “lemon.” In Louisiana, a “lemon”…
Father of Color Guard Member Unable to Prove Negligence after MLK Parade Injury
When bringing a negligence lawsuit to recover damages for injuries sustained as a result of another person’s failure to act with due care, it is important to ensure that that sufficient evidence has been gathered in advance of the trial. A good lawyer knows that in order to properly safeguard…