In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that…
Insurance Dispute Lawyer Blog
Federal Court Upholds Dismissal of VA Doctor’s Discrimination and Retaliation Claims
A recent decision by the United States Court of Appeals for the Fifth Circuit highlights the complexities and high standards involved in proving employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. The case, Stroy v. Gibson, involved a Black physician employed by the…
No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases
A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started…
Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?
In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving…
Can a Public Employee be Fired for Off-Duty Gambling?
The Louisiana Court of Appeal recently reversed a decision of the Civil Service Commission (CSC) that upheld the termination of a public employee for gambling while off-duty. The case involving Carnell Collier, a Quality Assurance and Safety Inspector for the Sewerage and Water Board of New Orleans (S&WB), highlights the…
Employee Termination Upheld for Unauthorized Vehicle Use and Dishonesty
Leotis Johnson, an employee of the Sewerage and Water Board of New Orleans (S&WB), was assigned a company vehicle equipped with a GPS. S&WB policy prohibited personal use of company vehicles without supervisor authorization. Johnson was accused of using the vehicle for personal errands during work hours and lying about…
Coroner Not Liable for Burial of Foster Child’s Remains
A recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges…
Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?
In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA)…
A Car Crash, a Faulty Repair, and a Battle Over Damages
Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet…
When a Slip and Fall Isn’t Just an Accident: Understanding Merchant Liability
We’ve all heard the phrase “slip and fall,” often in a comedic context. However, slip-and-fall accidents can result in severe injuries and legal battles. The recent case of Foto v. Rouse’s Enterprises, LLC, highlights the complexities of such cases and what it takes to prove a merchant’s liability. In 2013,…