Litigation

The Clock of Justice: When Do Louisiana Laws Take Effect?

Published on: October 28, 2025 | By Berniard Law Firm

Understanding When Louisiana Laws Apply: A Guide to Prospective and Retroactive Effects

Imagine you’re involved in a legal matter, and the legislature passes a new law. Does it affect your situation? Or does it only apply moving forward?

The timing of when a law takes effect — and whether it applies to past events — can drastically impact legal outcomes. In Louisiana, this concept is governed by Civil Code Article 6, which establishes when laws apply prospectively (looking forward) or retroactively (looking backward).

When the Law Is Silent: How Louisiana Judges Uphold Justice

Published on: October 28, 2025 | By Berniard Law Firm

The Unforeseen Gaps: Why Laws Can’t Cover Everything

Imagine Louisiana’s laws as a vast, detailed tapestry woven to guide every aspect of daily life. Even so, no legal system — no matter how comprehensive — can anticipate every possible situation.

So, what happens when a dispute arises in court, and no written statute or established custom directly applies?

Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

Published on: October 28, 2025 | By Berniard Law Firm

Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window. Have you ever read a law and wondered what it truly means? Or found yourself facing a situation where a rule seemed to apply — but its exact implications were unclear?

In Louisiana, our legal system is based on the civil law tradition, meaning that interpretation depends heavily on the Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.

Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

Published on: October 27, 2025 | By Berniard Law Firm

The Building Blocks of Justice: How Louisiana Laws Are Made

Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them? Understanding the foundational principles of Louisiana law, as laid out in the Louisiana Civil Code, is key to knowing your rights and obligations.

Legislation: The Primary Source of Our Laws (Louisiana Civil Code Article 2)

The Advocate Highlights Jeff Berniard’s Expertise in Smitty’s Supply Explosion Case

Published on: September 5, 2025 | By Berniard Law Firm

Fire and smoke rise from a chemical plant following the Smitty’s Supply explosion in Tangipahoa Parish.

The Advocate recognized attorney Jeff Berniard for representing families impacted by the Smitty’s Supply chemical plant explosion and fire.

The Advocate recently recognized Attorney Jeff Berniard and the Berniard Law Firm for their role in representing families displaced by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Read the full Advocate article here.

The feature highlights Berniard’s track record of success in large-scale litigation. Over his career, he has served as class counsel and lead counsel in numerous high-profile cases, including lawsuits involving chemical leaks, defective products, insurance bad faith practices, and environmental disasters.

Berniard Law Firm Takes Legal Action for Families Displaced by the Smitty’s Supply Fire

Published on: August 26, 2025 | By Berniard Law Firm

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire. When the Smitty’s Supply facility erupted in flames on August 22, 2025, residents within a one-mile radius were ordered to evacuate. Families were forced from their homes, many for several days, unsure of when it would be safe to return. In the aftermath, thick soot, oily residue, and chemical contamination settled on homes, vehicles, and property—leaving long-term damage and raising serious questions about insurance coverage.

The Berniard Law Firm has filed a class action lawsuit against Smitty’s Supply, Inc. seeking justice for affected residents. The petition alleges negligence, gross negligence, nuisance, trespass, and strict liability, arguing that Smitty’s failure to properly store and manage dangerous chemicals directly caused the disaster.

Residents have reported:

Community Concerns After the Smitty’s Supply Explosion in Tangipahoa Parish

Published on: August 25, 2025 | By Berniard Law Firm

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire. The Smitty’s Supply plant explosion and fire in Roseland, Louisiana on August 22, 2025 has left the Tangipahoa Parish community shaken. Families were forced to evacuate, businesses were disrupted, and questions remain about the long-term impact of the disaster.

While officials report that the fire is largely contained, many residents are still facing uncertainty—about their health, their homes, and their future.

What Residents Experienced

Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

Published on: December 11, 2024 | By Berniard Law Firm

crop_rows_agriculture_field-scaled The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land.

Case Background

Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed that the construction activities damaged their crops and required costly remediation efforts. The trial court ruled in favor of Lanie Farms, awarding them $38,000 in damages. However, Lanie Farms appealed, arguing the award was insufficient. CLECO and Highlines also appealed, claiming the court should have dismissed the case.

When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

Published on: September 29, 2024 | By Berniard Law Firm

pexels-binyaminmellish-106399-scaled A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

The Accident:

Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

Published on: September 28, 2024 | By Berniard Law Firm

pexels-karolina-grabowska-4021775-scaled Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case, In re: Medical Malpractice Review Panel Proceedings of Tiffany Anderson, grappled with this question, highlighting the importance of understanding the nuances of the law and the potential consequences of missed deadlines.

Tiffany Anderson’s Case:

Tiffany Anderson filed a request for a medical review panel with the PCF Board alleging medical malpractice. She mailed the required filing fee within the 45-day deadline, but the payment was not received by the PCF Board until after the deadline. The PCF Board declared her claim invalid, and the district court upheld this decision. Anderson appealed.