In the United States, name, image, and likeness (“NIL”) are the three elements that make up a legal concept known as the right of publicity. The right of publicity is an intellectual property right that protects against the misappropriation of a person’s name, likeness, or other forms of personal identity—such as nickname, pseudonym, voice, signature,
On February 2, 2007, the Louisiana Supreme Court vacated [Footnote] two decisions out of the Louisiana Third Circuit (Lake Charles), Taylor v. Clement and Arrington v. Galen-Med., Inc. et al. Taylor/Arrington garnered much attention in September 2006 when the Third Circuit declared Louisiana’s medical malpractice cap, La. R.S. 40:1299.42(B) (a statute that has survived countless constitutional challenges since its enactment in the mid-1970s), unconstitutional. The Third Circuit reasoned that the $500,000 cap on damages did not provide the plaintiffs with “an adequate remedy” when considering the purported diminution of the cap over time due to inflation. The adequate remedy challenge to the constitutionality of a statute is derived from Article I, Section 22 of the Louisiana Constitution. Under current law, the $500,000 cap does not include future medical care costs and related expenses; it does, however, include pain and suffering, lost wages and other damages.
Continue Reading Louisiana Supreme Court Vacates Third Circuit Decision Declaring Medical Malpractice Cap Unconstitutional
In the Louisiana Legislature’s Regular Session 2006, Act 323 changed La.R.S. 40:1299.47 to add Subsection N [full cite- 40:1299.47(N)] to allow for an expedited medical review panel process. The following discussion highlights some interesting changes, but for all elements of the new law as to the expedited medical review panel process, see the entire statute:
Continue Reading Act 323 – Expedited Medical Review Panel Process