The Collateral Source Rule is a common issue in almost every personal injury case, but its application can vary significantly from state-to-state. At its core, the rule is intended to ensure that the party responsible for the harm (the tortfeasor) is held fully accountable for the injuries they caused – and that they do not
Workers’ compensation is a critical safety net for both employees and businesses. In Louisiana, navigating a claim for noise-induced hearing loss can be a complex process. For employers, understanding the legal landscape is essential to ensure compliance, reducing exposure, raising appropriate defenses, and avoid penalties. Below is a general guide to handling and defending workers’ compensation
Some states, such as Louisiana, have restrictive statutes against contracting for defense and indemnity provisions. Under federal maritime law, however, these defense and indemnity provisions may be permitted. This distinction creates frequent tension in offshore injury lawsuits between the application of the bordering state law (which may prohibit defense and indemnity provisions) and the application
In today’s legal landscape, jury awards to personal injury plaintiffs are trending upwards. Studies show that “nuclear verdicts” are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff attorneys. However, recent decisions from Louisiana and Texas show that some courts are bucking the
In this part two of our discussion of the foreclosure process on commercial real estate in Louisiana, we are demystifying the procedures involved in executory process foreclosures in Louisiana. While Louisiana does not allow non-judicial foreclosure options for creditors, it does provide a streamlined judicial process known as executory process foreclosure, allowing a creditor to
In Gauthreaux v. The City of Gretna, 22-424 (La. App. 5 Cir. 3/29/23), ___ So.3d ___, 2023 WL 2674191, Louisiana’s Fifth Circuit Court of Appeal held that Louisiana’s statutory employment protections related to sex did not extend to sexual orientation and declined to extend the United States Supreme Court’s Bostock v. Clayton County, Georgia
Judge Donald Johnson, of the Louisiana 19th Judicial District Court (“JDC”), granted an appeal of a final order of the Louisiana Pilotage Fee Commission (“PFC”) in Docket No. P20-001, that approved numerous rate increases for the Crescent River Port Pilots’ Association (“CRPPA”). The appeal was jointly filed by
UPDATE – On January 20, 2023 the Louisiana Department of Revenue revised the proposed regulations. The revisions modify the previous Notice of Intent to amend the regulations relating to the new automatic extension. The revisions to the proposed rule no longer contain language requiring the Secretary to grant a “reasonable” extension because the statutory
In trip and fall litigation, the validity of a plaintiff’s claim often turns on whether the condition allegedly causing the fall is a so-called “open and obvious” risk of harm. That is, a risk of harm that is so obvious and discoverable that a reasonable person would have avoided the hazard, and ultimately, the injury.
The recent flooding of the Baton Rouge and surrounding communities has ravaged property, devastated lives, and impacted businesses. Much of the legal discussion surrounding the flooding in Louisiana will inevitably involve the ins and outs of flood insurance and FEMA assistance. However, there are other legal implications of the floods that need some consideration, such