Louisiana Case Commentaries

Enhanced Requirements for Expert Testimony in Louisiana Medical Malpractice Cases

Date: Mar 5, 2011

Enhanced Requirements for Expert Testimony in Louisiana Medical Malpractice Cases Introduction Sharon Schultz et al. v. Janos Guoth, M.D., and Khaled F. Rabie, M.D., 57 So. 3d 1002 (La. 2011), marks...

Reinforcement of Standards for Unwitnessed Work-Related Accident Claims in Workers' Compensation

Date: Jan 20, 2011

Reinforcement of Standards for Unwitnessed Work-Related Accident Claims in Workers' Compensation Introduction The Supreme Court of Louisiana's decision in Kenneth Ardoin v. Firestone Polymers, LLC....

Clarifying Self-Representation and Mental Competency in Capital Cases: State of Louisiana v. Anthony Bell

Date: Jan 15, 2011

Clarifying Self-Representation and Mental Competency in Capital Cases State of Louisiana v. Anthony Bell (53 So. 3d 437, Supreme Court of Louisiana, 2011) Introduction State of Louisiana v. Anthony...

Enforcement of Separate Property Agreements and Community Property Transformation under Louisiana Civil Code

Date: Jan 15, 2011

Enforcement of Separate Property Agreements and Community Property Transformation under Louisiana Civil Code Introduction The case Succession of William Edward Faget, Pier Marie Faget Jenkins, as...

Louisiana Supreme Court Clarifies Prescription and Contra Non Valentem in Oilfield Contamination 'Legacy Litigation'

Date: Oct 20, 2010

Louisiana Supreme Court Clarifies Prescription and Contra Non Valentem in Oilfield Contamination 'Legacy Litigation' Introduction The case of Donald Marin, Sr., Engsfeld F. Marin, III, Clyde J....

Prescription of Environmental Damage Claims in Hogg v. Chevron USA, Inc.

Date: Sep 4, 2010

Prescription of Environmental Damage Claims in Hogg v. Chevron USA, Inc. Supreme Court of Louisiana, September 3, 2010 Introduction Hogg v. Chevron USA, Inc. is a pivotal case adjudicated by the...

Deference to Trial Courts in Probable Cause Determinations: Insights from STATE of Louisiana v. Thomas WELLS

Date: Sep 4, 2010

Deference to Trial Courts in Probable Cause Determinations: Insights from STATE of Louisiana v. Thomas WELLS Introduction STATE of Louisiana v. Thomas WELLS is a seminal case decided by the Supreme...

Duty of Insurance Brokers in Coverage Assessment: Insights from Isidore Newman School v. J. Everett Eaves, Inc.

Date: Jul 7, 2010

Duty of Insurance Brokers in Coverage Assessment: Insights from Isidore Newman School v. J. Everett Eaves, Inc. Introduction The case of Isidore Newman School v. J. Everett Eaves, Inc. (42 So. 3d...

Affirming the Reasonable Supervision Duty of School Boards under Louisiana Law: S.J. v. Lafayette Parish School Board

Date: Jul 7, 2010

Affirming the Reasonable Supervision Duty of School Boards under Louisiana Law: S.J. v. Lafayette Parish School Board Introduction The case of S.J., et al. v. Lafayette Parish School Board (41 So.3d...

Enforcement of Employment Contracts in Housing Authority Consolidations: Prejean v. Guillory

Date: Jul 3, 2010

Enforcement of Employment Contracts in Housing Authority Consolidations: Prejean v. Guillory Introduction Kathy Prejean v. Walter Guillory, et al. (38 So.3d 274) is a landmark case adjudicated by the...

Exclusion vs. Exemption: Louisiana Supreme Court's Ruling in Harrah's Bossier City Investment Company, LLC v. Bridges

Date: Jun 26, 2010

Exclusion vs. Exemption: Louisiana Supreme Court's Ruling in Harrah's Bossier City Investment Company, LLC v. Bridges Introduction The case of HARRAH'S BOSSIER CITY INVESTMENT COMPANY, LLC v. Cynthia...

Determining Comparative Fault in Rear-End Collisions: Insights from Brewer v. J.B. Hunt Transport, Inc.

Date: May 8, 2010

Determining Comparative Fault in Rear-End Collisions: Insights from Brewer v. J.B. Hunt Transport, Inc. Introduction The case of Brian Shane Brewer v. J.B. Hunt Transport, Inc. and Robert E. Jackson...

Standing and Evidence Requirements under Louisiana Unfair Trade Practices Act: Cheramie Services, Inc. v. Shell Deepwater Production, Inc.

Date: Apr 24, 2010

Standing and Evidence Requirements under Louisiana Unfair Trade Practices Act: Cheramie Services, Inc. v. Shell Deepwater Production, Inc. Introduction The case of Cheramie Services, Inc. and Attecia...

Manifest Error Standard in Future Medical Expenses: Shannon Menard v. Lafayette Insurance Co.

Date: Mar 17, 2010

Manifest Error Standard in Future Medical Expenses: Shannon Menard v. Lafayette Insurance Co. Introduction Shannon Menard et al. v. Lafayette Insurance Company et al. is a landmark case adjudicated...

Reevaluation of Apportionment of Fault in Fontenot v. Patterson Insurance Co.

Date: Dec 12, 2009

Reevaluation of Apportionment of Fault in Fontenot v. Patterson Insurance Co. Introduction The case of Randy Fontenot, et al. v. Patterson Insurance, et al. Germaine Brooks, et al. City of Lafayette,...

Appellate Reinforcement of Probable Cause Over Credibility Assessments in Evidence Suppression: State v. Hunt

Date: Dec 2, 2009

Appellate Reinforcement of Probable Cause Over Credibility Assessments in Evidence Suppression: State v. Hunt Introduction In State of Louisiana v. Milton Hunt (25 So. 3d 746), the Supreme Court of...

Juvenile Adjudication and the Right to Jury Trial: Analysis of State in the Interest of A.J. (2009)

Date: Dec 2, 2009

Juvenile Adjudication and the Right to Jury Trial: Analysis of State in the Interest of A.J. (2009) Introduction The case of STATE in the Interest of A.J. (27 So. 3d 247) adjudicated by the Supreme...

Limitation on Employer Liability for Aggravation of On-the-Job Injuries by Unrelated Subsequent Accidents: Buxton v. Iowa Police Department

Date: Oct 21, 2009

Limitation on Employer Liability for Aggravation of On-the-Job Injuries by Unrelated Subsequent Accidents: Buxton v. Iowa Police Department Introduction Buxton v. Iowa Police Department, 23 So.3d 275...

Permanent Disbarment for Repeated Professional Misconduct: The Precedent Set in In re Ronnie Banks, Sr.

Date: Oct 3, 2009

Permanent Disbarment for Repeated Professional Misconduct: The Precedent Set in In re Ronnie Banks, Sr. Introduction The case of In re Ronnie Banks, Sr. (18 So. 3d 57) adjudicated by the Supreme...

Mesothelioma Exclusion Under Pre-1975 Louisiana Workers' Compensation Act

Date: Sep 5, 2009

Mesothelioma Exclusion Under Pre-1975 Louisiana Workers' Compensation Act Introduction The case of Ray F. Rando v. Anco Insulations Inc., et al. (16 So. 3d 1065) adjudicated by the Supreme Court of...