Articles Posted in Civil Matter

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pexels-veronika-bykovich-144474426-10400997-683x1024A recent United States Court of Appeals ruling for the Fifth Circuit highlights the complexities of establishing personal jurisdiction over an out-of-state employer in a lawsuit filed in Louisiana. The case, Blakes v. DynCorp, centered around a Louisiana resident who sued his Virginia-based employer for alleged wage and benefit violations under both Afghan and Louisiana law. The court ultimately dismissed the case for lack of personal jurisdiction, emphasizing the limited circumstances under which a Louisiana court can exercise authority over a non-resident defendant.

Everett Blakes, a Louisiana resident, was employed by DynCorp International, LLC, a Delaware company headquartered in Virginia, to work in Afghanistan. He signed an employment contract that specified Afghan law would govern any disputes and that any legal action would be resolved in an Afghan forum.

Despite this, Blakes filed a lawsuit in Louisiana alleging DynCorp failed to pay wages and benefits owed under Afghan labor law, the Louisiana Wage Payment Statute, and the terms of his employment contract. DynCorp moved to dismiss the case, arguing that the Louisiana court lacked personal jurisdiction over them.

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pexels-kartatos-10622718-683x1024In a recent personal injury case, Latulippe v. West Jefferson Medical Center, the Louisiana Court of Appeal tackled the complexities of assessing damages in a car accident case where the plaintiffs had pre-existing medical conditions. The case arose from a rear-end collision on the Crescent City Connection bridge involving an ambulance. While the defendant admitted fault, the extent of the plaintiffs’ injuries and the appropriate compensation became the central point of contention. The appellate court ultimately affirmed the trial court’s decision, highlighting the importance of proving causation and the impact of injuries on the plaintiffs’ lives, even with pre-existing conditions.

Two brothers, Daniel and Casey Latulippe, were rear-ended by a West Jefferson Medical Center (WJMC) ambulance while stopped in traffic. The ambulance driver admitted fault, stating he didn’t brake to avoid the collision out of concern for the patient and EMT in the back.

Both brothers, along with their wives, sued WJMC for damages. The case went to trial, focusing solely on causation and the extent of the brothers’ injuries.

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pexels-colin-lloyd-2120291-3751006-635x1024A recent Louisiana Court of Appeal for the Fifth Circuit decision has underscored a crucial procedural point in the state’s legal system: not all judgments are created equal. In Holmes v. Paul, the court dismissed an appeal because the trial court’s judgment, while seemingly resolving the main dispute, left a lingering reconventional demand unaddressed. This seemingly minor detail had significant consequences, highlighting the importance of understanding what constitutes a “final judgment” in Louisiana.

The case stemmed from a real estate deal gone sour. Ms. Holmes sued the Pauls for breach of contract after they canceled a contract to purchase her property. The Pauls countersued (filed a reconventional demand) seeking the return of their deposit. The trial court granted summary judgment in favor of the Pauls, dismissing Ms. Holmes’ claims. However, the judgment was silent on the Pauls’ reconventional demand.

Ms. Holmes appealed, but the Court of Appeal dismissed her appeal, stating it lacked jurisdiction. The reason? The trial court’s judgment wasn’t considered “final” because it hadn’t addressed all the claims between the parties.

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pexels-wildlittlethingsphoto-1996338-1024x683A recent Louisiana Court of Appeal decision has underscored the importance of adhering to legal formalities when gifting significant assets, even within a romantic relationship. The case involved a dispute over the ownership of a thoroughbred racehorse, highlighting the specific requirements for making a valid donation under Louisiana law.

Wesley Hawley, a racehorse trainer, purchased a filly named Clever Sue. He later placed his then-fiancee, Denise Reed’s, name on the horse’s registration papers. When the relationship ended, Hawley transferred the title back to himself. Reed sued, claiming ownership of the horse and the right to its prize money.

The trial court ruled in favor of Hawley, and the Court of Appeal upheld the decision.

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pexels-kampus-8441811-1024x684A recent Louisiana Court of Appeal decision underscores the importance of insurance agents fulfilling their duties with reasonable diligence and care. In Upscale Fashions, Inc. v. Botsay Insurance Network, Inc., an insurance agent’s failure to properly procure and communicate coverage details led to a significant financial loss for the insured and a hefty judgment against the agency.

Case Summary

Upscale Fashions, Inc., a retail clothing company, purchased a property insurance policy through Botsay Insurance Network, Inc. The policy initially included wind and hail coverage. However, this crucial coverage was excluded when the policy was renewed, allegedly without Upscale’s knowledge.

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pexels-pixabay-236380-1024x678In a heart-wrenching case involving the sexual assault of a patient at an outpatient psychiatric treatment facility, the Louisiana Court of Appeal, Third Circuit, recently affirmed a summary judgment that dismissed claims against two individual owners/officers of the facility. The decision, handed down in Sam v. Genesis Behavioral Hospital, underscores the legal complexities surrounding personal liability for corporate officers in cases of negligence. Let’s delve into the details of the case and its implications.

Facts and Procedural History

The plaintiff, Jessica Charles, attended an outpatient program at Genesis Behavioral Hospital. Tragically, she was lured off the premises by another patient, Dave Carter, Jr., and was subsequently raped and exposed to HIV. Understandably, Ms. Charles filed a lawsuit seeking damages from Mr. Carter and Genesis Behavioral Hospital, its insurer, and its officers, Will Arledge and Gretchen Karltenbach.

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The recent decision in Anderson v. State from the Louisiana Court of Appeal, Third Circuit, highlights the complexities of assessing damages in personal injury cases, particularly when the plaintiff has pre-existing medical conditions. The court’s ruling underscores the principle that even if a plaintiff has prior health issues, a defendant can still be held liable for exacerbating those conditions due to their negligence. This blog post will analyze the critical aspects of the Anderson case and its implications for personal injury claims in Louisiana.

Laura Anderson was involved in a car accident with Marlys Sanders, an employee of the State of Louisiana. Both parties had conflicting accounts of how the accident occurred. A jury found both parties 50% at fault but awarded Anderson no damages, concluding she didn’t sustain any injuries from the accident. Anderson appealed this decision.

The medical evidence presented at trial showed that Anderson had several pre-existing conditions, including diabetes, high blood pressure, and prior injuries from previous car accidents. However, she argued that the accident worsened her existing conditions.

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pexels-chokniti-khongchum-1197604-2280547-684x1024In a recent decision, the Louisiana Court of Appeal, Third Circuit, underscored the importance of adhering to procedural rules in medical malpractice cases. The case, Ogbebor v. Lafayette General Medical Center, involved the death of Mary Ogbebor and her husband’s subsequent lawsuit against the medical professionals involved in her care. The court’s decision ultimately hinged on the plaintiff’s failure to provide timely expert testimony, leading to the reinstatement of a summary judgment in favor of the defendants. This blog post will delve into the case details, the court’s reasoning, and the implications for future medical malpractice litigation in Louisiana.

Case Background

Mary Ogbebor sought medical attention at Lafayette General Medical Center for chest discomfort and related symptoms. She was discharged after undergoing procedures performed by Dr. Salvaggio and Dr. Cavros. However, Mrs. Ogbebor returned to the emergency room a few days later with severe chest pain and tragically passed away.

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pexels-pixabay-209112-1024x598Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.

Dewayne Montgomery, our tenant-turned-plaintiff, found himself in this exact predicament. He sued his landlord, Garry Lewis, claiming the apartment was riddled with mold and rat droppings, causing him various health issues. Montgomery alleged negligence, breach of contract, and even emotional distress as a result of his claimed paltry living conditions.

Lewis denied responsibility, arguing Montgomery couldn’t prove the mold caused his health problems or that Lewis knew about any pre-existing issues.

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pexels-jonathanborba-3279197-683x1024Providing sufficient expert testimony can be crucial to prevailing a medical malpractice lawsuit. But what happens when the court determines that the expert testimony offered by a doctor on the plaintiff’s behalf is insufficient because the doctor does not specialize in the same field as the defendant? 

Steven Richardson began to experience excruciating lower back pain in August 2012 while visiting his daughter in Farmerville, Louisiana. Richardson was taken by ambulance to the emergency room at Christus Health Northern Louisiana Hospital (“Christus Health”). Richardson was treated by Dr. James W. Cotter, III, a specialist in emergency medicine.

Richardson told Dr. Cotter that he was experiencing severe lower back pain, had received a steroid injection from his son-in-law (an eye doctor), and had been taking prescription pain medication. Dr. Cotter ordered lab work for a complete blood count, and Dr. Mark Kraemer, who consulted on Richardson’s case, ordered an MRI. The blood test showed that Richardson had an elevated white blood cell count.

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