Random Miscellaneous

Federal Court Upholds Dismissal of VA Doctor’s Discrimination and Retaliation Claims

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

pexels-pixabay-263402-1-scaled 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 Department of Veterans Affairs (VA) who alleged racial discrimination and retaliation following a peer review of his patient care.

Dr. John Stroy, an African-American physician at the VA’s Lafayette Community-Based Outpatient Clinic, faced a peer review after a patient he treated was hospitalized with acute renal failure. The review initially found that “most experienced competent practitioners would have managed the case differently.” Dr. Stroy, believing this review was racially motivated, filed an EEO complaint alleging discrimination.

Later, Dr. Stroy was accused of leaving a patient unattended. Following an investigation, he received a memorandum outlining expectations for his future behavior. He then attempted to amend his existing EEO complaint to include a retaliation claim, which was denied. He subsequently filed a separate retaliation complaint.

Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?

Published on: August 27, 2024 | By Berniard Law Firm

pexels-cottonbro-4098224-scaled 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 spousal abuse.

In Hoddinott v. Hoddinott, the plaintiff (wife) filed a tort lawsuit against her ex-husband seeking damages for intentional infliction of emotional distress stemming from alleged domestic abuse during their marriage. The defendant (husband) argued that the wife’s claims were barred by res judicata, as they should have been raised during the divorce proceedings. The trial court initially agreed and dismissed the wife’s lawsuit. However, the Court of Appeal reversed this decision.

The Court of Appeal focused on two key points:

Can a Public Employee be Fired for Off-Duty Gambling?

Published on: August 26, 2024 | By Berniard Law Firm

pexels-pixabay-269630-scaled 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 complexities of disciplinary actions for off-duty conduct, particularly when the conduct occurs on company property.

Mr. Collier was fired after being caught gambling at a retirement party held on S&WB property. While the CSC initially upheld his termination, the Court of Appeal disagreed, finding that the punishment was too severe for the offense.

Key Points of the Ruling:

Employee Termination Upheld for Unauthorized Vehicle Use and Dishonesty

Published on: August 25, 2024 | By Berniard Law Firm

pexels-divinetechygirl-1181304-scaled 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 his whereabouts when questioned.

The Sewerage and Water Board of New Orleans dismissed Johnson due to unauthorized use of a company vehicle and non-compliance with established policies and procedures. Johnson challenged this decision and the Civil Service Commission’s supporting findings.

The Court of Appeal Fourth Circuit upheld Johnson’s termination, stating that his actions constituted “cause” for termination as they were detrimental to the efficient operation of the S&WB. The court found that Johnson’s unauthorized use of the company vehicle for personal purposes during work hours was a clear violation of company policy. Additionally, his dishonesty in initially denying the allegations and providing false explanations further supported the termination.

Coroner Not Liable for Burial of Foster Child’s Remains

Published on: August 24, 2024 | By Berniard Law Firm

pexels-brett-sayles-1000740-scaled 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 in establishing liability against a coroner for the disposition of remains.

In this case, the parents of Eli Simmons, a minor child who died while in foster care, sued various parties, including the Orleans Parish Coroner, alleging negligence in the handling of their son’s remains. The Coroner filed a motion for summary judgment, which the trial court granted, dismissing the parents’ claims.

The parents appealed, arguing that the trial court erred in its decision. However, the Court of Appeal upheld the summary judgment, finding that the parents failed to provide sufficient evidence to support their negligence claims against the Coroner.

New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld

Published on: August 16, 2024 | By Berniard Law Firm

pexels-kindelmedia-7714731-scaled To ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can terminate the employment of a long-serving police officer for fighting after a traffic accident and reinforce the high standard they hold their employees to.

Officer Tracy Fulton of the NOPD was waiting at a stop light in his personal vehicle when he was hit from behind by a driver under the alias in court as E.C.. Officer Fulton left his car and began yelling at E.C. and the occupants of his vehicle. When Officer Fulton attempted to open the door of E.C.’s vehicle, E.C. drove off and went to his home. Officer Fulton called the police to report a hit-and-run and followed E.C., who was returning home. Officer Fulton then confronted E.C. again, and the argument eventually became a fight between the two men.

After the two men exchanged blows, they retreated to their vehicles to grab weapons, and the fight ended. After the fight, E.C. had a broken nose, a dislocated jaw, a concussion, and concussion-related symptoms. After an NOPD investigation, Officer Fulton was charged with second-degree battery and was also investigated and eventually fired. Officer Fulton was found not guilty of the battery charge at trial, but the termination was never reversed. Officer Fulton then appealed his termination to the New Orleans Civil Service Commission (“the Commission”).

Permanently Disabled Individual Not Acting Under Scope of Employment In Workers’ Compensation Case

Published on: November 5, 2023 | By Berniard Law Firm

workers_construction_worker_work-1-scaled Unfortunately, accidents at the workplace are not uncommon occurrences. What happens, however, when you are injured while traveling? Will you still receive workers’ compensation if you are not physically on the jobsite? The answers to these questions will depend on the facts of the case and whether you were acting within the scope of your employment. The following Caddo Parish case outlines this predicament.

It is undisputed that Mitchell Stringer was hired at Hand Construction, LLC, sometime after September 30, 2014, and that he was asked to attend a meeting at the company office by John Provost, Vice President for the company, in early October. However, the parties disagree on whether Stringer was terminated at the meeting, as testified by Provost and Adam Hubble, CEO for the company, or was told there would not be any more work for him, but that he would receive two weeks’ severance pay, as testified by Stringer. Stringer’s final paycheck included the date “October 9, 2015.” He was issued a check with “severance” in the ledger for the week ending in October 16, 2015.

It was also disputed as to whether or not the parties agreed that Stringer would fly to North Dakota to retrieve his vehicle and the company’s GPS equipment. Regardless, on October 8, 2015, Stringer flew to North Dakota to obtain his vehicle and company equipment. Two days later, while traveling from North Dakota to Louisiana, Stringer was involved and injured in a motor vehicle accident in Arkansas.

The Road Less Licensed: Bosley’s Driving School Chronicles

Published on: November 3, 2023 | By Berniard Law Firm

car_driving_driving_car-scaled Buckle up your seatbelts and get ready for a wild ride through the twists and turns of Bosley’s Driving School saga! Meet Mr. Bosley, the daring entrepreneur behind this driving school extravaganza, with locations in the charming towns of Donaldsonville and Gonzales, Louisiana. Now, picture this: Mr. Bosley is on a mission to teach the art of driving, but not just any driving – he dreams of offering the elusive 38-hour driver’s education course. But, oh, the drama unfolds when his dreams clash with the stern rules and regulations of the Louisiana driver’s education system. Despite a denial that would make even the bravest soul reconsider, Mr. Bosley and his team continued their quest, issuing certificates left and right. Little did they know, the authorities were hot on their tail, leading to a showdown of epic proportions. Fast forward to courtroom battles, administrative hearings, and a rollercoaster of legal twists that could rival any Hollywood blockbuster. Will Mr. Bosley’s driving school dreams come crashing to a halt, or will he find a way to steer his way out of this legal maze? Strap in and find out!

Mr. Bosley owns and runs Bosley’s Driving School for drivers’ education classes. The driving school has two locations—one in Donaldsonville and the other in Gonzales, Louisiana. The Donaldsonville location was licensed to teach 6 hours of classroom instruction, while the Gonzales location was licensed to teach the full 14-hour driver’s education course. Neither location was licensed to teach the 38-hour course. Louisiana offers two types of driver’s education courses: (1) A 14-hour course for individuals over eighteen, which requires 6 hours of classroom instruction and 8 hours of behind-the-wheel driving, and (2) a 38-hour course for individuals under eighteen, which requires 30 hours of classroom instruction and 8 hours of behind -the -wheel driving. La. R.S. 32:402. 1.

In October 2012, Bosley applied for permission to instruct the 38-hour driver’s ed course. On December 10, 2012, Bosley was notified via email that their application was denied because they needed to meet the curriculum requirements. Regardless of this denial, Bosley continued to issue certificates of completion of the 38-hour course to several students. When the State learned of this, they sent Bosley an order to cease further operations as a driving school and third-party tester in Louisiana. On March 27, 2014, the State notified Bosley that because he was providing students with the 38-hour driver’s education course despite needing to be licensed, his licenses to teach the 6-hour and the 14-hour courses were rescinded. Bosley filed an appeal and requested a hearing.

Are Mental Injuries Covered By Workers’ Compensation?

Published on: November 2, 2023 | By Berniard Law Firm

alzheimer_s_man_portrait_0-scaled Employees are often exposed to stressful situations while at work, whether from unhelpful coworkers or understaffing. Under what circumstances are resulting mental injuries entitled to workers’ compensation?

Diedre Emerson worked for Willis Knighton Medical Center as a certified nurse assistant on the cancer floor. One day, she arrived at work for her regular night shift. She found the prior shift had not completed a lot of their work, so she would have to do additional work. When she learned this, she became upset and mad. She said this was more of the same old behavior.

While working that day, she indicated that she felt something pop in her head but admitted nothing physically happened to cause the pop. After completing her shift, she went to the emergency room. The medical records from the visit did not show she complained about weakness on one side of her body or other neurological symptoms. Her primary complaint was hyperventilation and nervousness. Emerson was subsequently late in calling Willis Knighton to tell them she would not be able to work her shift. She was fired.

Worker Entitled To Unpaid Compensation Owed Him Under Contract

Published on: October 26, 2023 | By Berniard Law Firm

business_signature_contract_962355-scaled One frequent use of contracts is to establish how much someone will be paid for specified work. Clear contractual language can help prevent disputes down the road. What happens if you do not receive all the compensation to which you are entitled under your contract?

Clifton Franklin and Fountain Group Adjusters signed a contract where Franklin would provide Fountain with insurance adjusting services related to claims from Superstorm Sandy. The contract outlined how Franklin would be compensated by Fountain. Franklin claimed Fountain wanted him to sign a second contract because it could not find the first contract. While the second contract set Franklin’s compensation at 75% rather than the 65% in the initial contract, Franklin only asserted claims for the original 65% commission.

Claims One employed Franklin during this time. Fountain also signed a contract with Claims One. Although Franklin received some compensation from Fountain, he filed a lawsuit against Fountain, claiming he had not been fully compensation.