EXPERIENCED REPRESENTATION FOR CLIENTS IN STATE, FEDERAL, AND APPELLATE COURTS IN LOUISIANA AND ARKANSAS.
◆ Aggressive Attorney ◆ Ethical Strategist ◆ Honest Advocate ◆
◆ Aggressive Attorney ◆ Ethical Strategist ◆ Honest Advocate ◆
◆ Aggressive Attorney ◆ Ethical Strategist ◆ Honest Advocate ◆
EXPERIENCED REPRESENTATION FOR CLIENTS IN STATE, FEDERAL, AND APPELLATE COURTS IN LOUISIANA AND ARKANSAS.
- Doiron Test is Broadened: Decommissioning Offshore Platform is a Maritime Contract - As we discussed a few months ago, the US Fifth Circuit Court of Appeals (en banc) established a new test for determining what is a "maritime contract." See In re: Larry Doiron, Inc., 879 F. 3d 568 (5th Cir. January 11, 2018) (en banc). Under the new Doiron analysis, a contract is a maritime contract ...
- Louisiana Defenses: Open and Obvious (Part II) - In this article, we continue our discussion of using photos to prove the defense of open and obvious. In the case under discussion, the Louisiana Court of Appeals affirmed summary judgment dismissal where defense counsel provided excellent and well-taken photos showing the openness of the alleged dangerous condition. See Granier v. Navigator Specialty Ins. Co., ...
- Louisiana Defenses: Open and Obvious (Part I) - Litigation is tough and sometimes, no matter how well you do your job, you can still end up on the wrong side of summary judgment. That is the lesson from Gomes v. Harrah, Inc., Civil Action No. 16-17483 (US E.D. La. December 15, 2017). In Gomes, the plaintiff admitted in her deposition that the condition ...
- Louisiana Defenses: Defending Employer Liability for Worker’s Negligent Torts - Under Louisiana law, an employer can be held liable for the acts and omissions of workers and employees if the worker/employee is engaged in work-related activities. However, generally, there are three main legal theories for defeating employer liability: Employee was not "at work" Employee was not engaged in "work" -- that is, engaged in personal ...
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- Doiron Test is Broadened: Decommissioning Offshore Platform is a Maritime Contract - As we discussed a few months ago, the US Fifth Circuit Court of Appeals (en banc) established a new test for determining what is a "maritime contract." See In re: Larry Doiron, Inc., 879 F. 3d 568 (5th Cir. January 11, 2018) (en banc). Under the new Doiron analysis, a contract is a maritime contract ...Continue Reading
- Louisiana Defenses: Open and Obvious (Part II) - In this article, we continue our discussion of using photos to prove the defense of open and obvious. In the case under discussion, the Louisiana Court of Appeals affirmed summary judgment dismissal where defense counsel provided excellent and well-taken photos showing the openness of the alleged dangerous condition. See Granier v. Navigator Specialty Ins. Co., ...Continue Reading
- Louisiana Defenses: Open and Obvious (Part I) - Litigation is tough and sometimes, no matter how well you do your job, you can still end up on the wrong side of summary judgment. That is the lesson from Gomes v. Harrah, Inc., Civil Action No. 16-17483 (US E.D. La. December 15, 2017). In Gomes, the plaintiff admitted in her deposition that the condition ...Continue Reading
- Louisiana Defenses: Defending Employer Liability for Worker’s Negligent Torts - Under Louisiana law, an employer can be held liable for the acts and omissions of workers and employees if the worker/employee is engaged in work-related activities. However, generally, there are three main legal theories for defeating employer liability: Employee was not "at work" Employee was not engaged in "work" -- that is, engaged in personal ...Continue Reading
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