Articles Posted in Litigation

by

audience_speech_speaker_1677028-1024x768The diverse range of viewpoints expressed at city council meetings often evokes mixed reactions from attendees. While some voices may test our patience, it is crucial to recognize that the First Amendment safeguards individuals’ freedom of speech during such gatherings. A case involving Tom Heaney’s experience at a Jefferson Parish city council meeting in Gretna, Louisiana, sheds light on the constitutional rights protected in these limited public forums. The subsequent legal proceedings provide valuable insights into the requirements for successfully pursuing a First Amendment claim related to alleged silencing in such settings.

Tom Heaney registered to speak at a Jefferson Parish city council meeting in Gretna, Louisiana. The city council rules allowed registered individuals to speak for five minutes. After Heaney had spoken for approximately three minutes, the presiding official, Christopher Roberts, interrupted him and asked him if he would yield to the Jefferson Parish attorney. Heaney thought he would get the remaining two minutes back after the attorney spoke because that happened with the prior speaker who yielded. However, after a heated back-and-forth between Heaney and Roberts, Roberts asked for Heaney to be removed. 

A police officer, Ronald Black, responded to the request to remove Heaney. Heaney then filed a lawsuit, claiming that Roberts and Black had violated his constitutional rights, including the First Amendment, and that Black had also committed various torts. The defendants filed motions for summary judgment. The trial court denied Roberts’ summary judgment motions concerning the First Amendment claim but granted Black’s motion on the First Amendment claim. Comparing these two outcomes provides insight into the requirements to succeed on a First Amendment claim involving purported silencing in a limited public forum.

Continue reading

by

police_policemen_guards_security-1024x702In an era where workplace equality and fairness have gained significant prominence, it is crucial to be aware of the robust safeguards provided by federal law. Title VII of the Civil Rights Act serves as a formidable shield, offering protection to employees who have experienced retaliation or discrimination based on factors such as race, gender, and more. While many individuals may be unaware of their rights, understanding the scope and power of Title VII is essential for fostering a work environment free from bias and ensuring that justice prevails

Many people are unaware that federal law protects them from retaliation that results from them filing a lawsuit against their employer under Title VII. See 42 U.S.C. § 2000–3(a). Even if you are not fired, you might still be able to bring a lawsuit against your employer if you suffer other adverse actions, such as being denied a promotion. However, there are strict requirements that must be met to succeed in such a claim. 

Edward Smith was a security guard for G4S Secure Solutions (“G4S”) and worked at the Woman’s Hospital in Baton Rouge, Louisiana. Several years before the instant lawsuit, he filed an EEOC charge against G4S’s predecessor claiming discrimination in an unrelated event.  Approximately six years later, Smith was denied a promotion to become a Custom Protection Officer. 

Continue reading

by

vessels_beach_brazil_pier-1024x768Within the intricate realm of maritime law, determining liability can be challenging, especially when it comes to assessing the responsibility of ship owners for open and obvious risks. Such complexities become particularly evident when adverse weather conditions come into play. In this context, we delve into the case of Robert dePerrodil, an oil field consultant, and his encounter with the M/V Thunderstar. 

As we explore the legal intricacies surrounding his injuries and subsequent compensation, we shed light on the duty of care owed by ship owners, the notion of open and obvious risks, and the calculation of damages. Join us as we unravel the multifaceted aspects of maritime liability and its impact on the lives of those involved.

Robert dePerrodil was an oil field consultant who worked for Petroleum Engineers, Inc. (“PEI”). PEI charted the M/V Thunderstar to transport dePerrodil from Venice, Louisana, to the offshore platform where he was to work as a consultant. Bozovic Marine, Inc. owned and operated the M/V Thunderstar. The captain of the boat was Captain Bozovic. 

Continue reading

by

vessel_twin_masted_ship-1024x683An injury can happen in the most unlikely of situations, and although it may seem minor at the moment, it can create lifelong physical ailments. When this unfortunate situation occurs, you deserve to be properly compensated, regardless of any pre-existing conditions you may have. The following lawsuit shows how an excellent attorney can assist you in doing so. 

Ricky Koch was working as a foreman for Economy Iron Works aboard the United States-owned vessel S.S. Altair. He was participating in a “walkthrough” to potentially submit a bid for his employer on areas of the vessel needing repair. During the walkthrough, the group encountered a stairwell. The chief engineer who was leading the tour flipped a light switch, but it only partially illuminated the stairwell. As Koch descended in the darkness, he missed a step and fell backward, hitting his head, neck, and shoulders on the stairs. Upon returning to his office that same day, he completed an accident report and was driven home by a colleague where his wife found him immobile on a recliner. 

Koch could not work after the incident, with severe pain in his knees, neck, and back. He ultimately saw an orthopedic surgeon who concluded the incident exacerbated his preexisting osteoarthritic conditions and caused the need for bilateral knee replacements. Koch also saw a neurosurgeon who opined he had herniated his C6-7 disc as a result of the incident and subsequently performed cervical spine surgery. However, after the surgery, he had complications, including carpal tunnel in his hands, which the neurosurgeon noted were associated with and worsened by Koch’s neck problems. Because of his injuries, Koch underwent a right total knee replacement and had one scheduled for the other knee once he was fully recovered. 

Continue reading

by

casino_game_play_argentina-1024x683Business trips can provide opportunities for networking and leisure, but unexpected injuries can turn the experience into a nightmare. One such example is the case of Jonathan Peters, who attended a business convention in New Orleans and stayed at Harrah’s Hotel.

Peters visited New Orleans for a business convention and stayed at Harrah’s Hotel. Around midnight, Peters exited the hotel to get something to eat. Peters walked on the hotel’s brick sidewalk as it was raining. When he began to slip, he moved to step on a hose to prevent himself from falling, yet he slipped and broke his wrist. After the fall, Peters underwent surgery at Tulane Medical Hospital, but this procedure did not rehabilitate him. Peters alleged he permanently lost the range of motion in his wrist.

Peters sued Jazz Casino and JCC Fulton Development, L.L.C. (“Jazz Casino”), the owners and operators of the hotel. Jazz Casino asked the lawsuit to be placed in the federal district court and filed a motion for summary judgment. The motion for summary judgment was granted. Unhappy with that decision, Peters appealed.

Continue reading

by

boat_patrol_transit_in-1024x731
Accidents happen daily, and when they do, they can be overwhelming and stressful. If you’ve been in an accident and filed a claim for damages, but it gets dismissed due to the granting of a motion for summary judgment in favor of the defendants, you may feel like there’s no hope. However, this is not the end of the matter. The trial court’s decision can be appealed, and the appellate court will review the decision to ensure whether the motion was properly granted. The following lawsuit shows how the appeals process can alter a trial court’s decision.

Stephen Ledet and his young son were sailing on a 16-foot recreational boat (“Ledet vessel”) being operated by Stephen’s brother, Kent Ledet. They were sailing on the Intracoastal Waterway near Berwick, Louisiana. The M/V Miss Cissy (“Miss Cissy”), a 46.5-foot commercial vessel owned by Parker Drilling Offshore USA, LLC (“PDO”), was sailing on the waterway at the same time ahead of them. Its employee, Captain Richard Rowe (“Rowe”), operated it. 

Kent Ledet could see the ship approximately 200 yards away as the weather was sunny and clear. However, Miss Cissy was traveling much slower than the Ledet’s vessel. The Ledet’s vessel eventually caught up to Miss Cissy’s rear. Miss Cissy then suddenly accelerated its engine and created large swells and wakes. Kent Ledet was unable to avoid the large wakes. The boat tossed and slammed against the water, and the whole family sustained alleged physical and mental injuries. 

Continue reading

by

transport_roadworks_autobahn_837813-1024x768In the aftermath of a tragic situation, such as the death of a child, the last thing you might want to consider are insurance policies and legal requirements. However, it is essential to understand how courts determine whether an individual was covered by a specific insurance policy so that you know who might be liable for your losses. This is especially important when the accident involves a vehicle used both commercially and personally. 

Jamie and Ericka Myers found themselves in a tragic situation after Brad Welch hit and killed their six-year-old son, Tyler, as Welch was turning into his house’s driveway. The Myers filed a lawsuit against Welch, his employer, Valentine & Leblanc, and Security National Insurance. Valentine & Leblanc insured the car that hit Myers’ son, although Welch owned the vehicle personally.  

The Myers brought claims for themselves, their deceased son, and their twelve-year-old son Peyton. After a successful mediation, the court dismissed the claims against Welch, Valentine & Leblanc, and Security National Insurance. The Myers added AIG Specialty Insurance Company as a defendant as Valentine & Leblanc had a commercial umbrella liability insurance policy from them. AIG Specialty Insurance Company then filed a summary judgment motion, arguing that Welch was not in the course or scope of his employment with Valentine & Leblanc when the accident occurred and therefore was not covered by the at-issue insurance policies. The trial court granted summary judgment in favor of AIG Specialty Insurance Company, holding that Welch was not an “additional insured” under the at-issue insurance policy. 

Continue reading

by

accident_car_accident_crash-1024x768If an individual suffers from chronic pain or a preexisting injury, it may be challenging to prove additional injury due to a car accident. Proving these additional injuries, however, is crucial for collecting damages or compensation for medical bills following the accident. The following Lafayette Parish case shows how a plaintiff may prove a causal link between the car accident and their injuries. 

This case concerns a motor vehicle accident between Traci Herbert and Brian Meaux. The accident occurred when Herbert made a wide right turn into a parking spot, and Meaux, who was driving a company vehicle for Barry’s Air Conditioning, wrongly assumed she was turning left. Meaux then attempted to pass Herbert on the right when the two cars collided.

At the scene of the accident, Herbert reported to the responding officer that the accident caused her to hit her head. She later testified that she suffered from a headache and neck and back pain as a result of the accident. The day after the accident, Herbert visited her chiropractor, Dr. Tiffany Pratt, who testified that her various injuries were caused by the accident and further required a course of treatment lasting nearly four years, including a referral to a neurologist.

Continue reading

by

nuclear_waste_radioactive_trash-1024x529Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses.   

In this case, over 1,100 individuals, referred to as the “Dottie Adams” plaintiffs, filed a petition together stating they were either directly or indirectly harmed by exposure to radioactive material caused by Exxon Mobil Corporation, Mobil Exploration, and Producing North America, Inc. (“Exxon”), and Shell Oil Company, Shell Offshore, Inc., SWEPI LP, ConocoPhillips Company, and Alpha Technical Services, Inc. (“Shell”). The Dottie Adams plaintiffs all lived, or currently live, in Harvey or worked near the contaminated Grefer Tract, a 33-acre industrial tract in Harvey.  

After years of litigation, Exxon filed motions for summary judgment alleging that several of the Dottie Adams plaintiffs could not substantiate their claim that they or their property were exposed to radioactive material above naturally occurring background levels. In their motions, Exxon included an affidavit from its expert health physicist, who stated, in part, that it was more likely than not the plaintiffs’ properties were not impacted by the naturally occurring radioactive material from the operations occurring in the Grefer Tract. 

Continue reading

by

oyster_seafood_danish_1576297-1024x768
Have you ever wondered what happens when things go wrong on a construction project? A recent case out of Louisiana sheds light on the complicated legal battles that can ensue when construction defects are discovered. The case highlights the importance of understanding your legal rights and options when dealing with construction disputes and the need for skilled legal representation to navigate the complex world of construction law.

The owner of multiple oyster leases, Wade White, filed a lawsuit against Cox Operating, LLC, seeking damages for the harm caused to his oyster beds during Cox’s drilling of oil wells. In 2000, Cox entered into an agreement with White when it began drilling wells near some of his oyster leases. Cox negotiated another drilling release with White in 2012 when it sought to drill more wells near his leases. However, White discovered that Cox had driven pilings into his oyster leases and was using routes that differed from the agreed-upon routes. As a result, Cox removed the pilings and continued to follow the previous routes. Cox later claimed the executed drilling releases covered any damages caused by the pilings and extra water traffic.

White then filed a lawsuit against Cox due to the pilings, and Cox filed an exception of res judicata, arguing the written releases barred the plaintiff’s suit. If someone wants to use the res judicata defense in a lawsuit, they need to prove it is true using evidence that shows it’s more likely than not true. Then, at the trial, they can bring in more evidence to support their argument as long as the reasons for using that evidence were already brought up before the trial.

Continue reading
Contact Information
1140 St Charles Ave
New Orleans, LA 70130
Phone: (504) 521-6000
Fax: (504) 617-6300

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Berniard Law Firm
JUSTIA Law Firm Blog Design