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.
- Defending Legacy Environmental Litigation - The Louisiana courts continue to explain the procedures for lawsuits filed under Louisiana Revised Statute § 30:29 (hereinafter "Act 312"). Under Act 312, if a New Orleans or Louisiana landowner discovers environmental contamination, the landowner can sue for remediation. Act 312 replaced the older statutory and common law right of landowners to collect money damages ...
- Defending Maritime Cases: No Punitives Against Non-Employer Tortfeasor - A recent case out of the US District Court for the Eastern District of Louisiana has confirmed that punitive damages are NOT available under the Jones Act, under general maritime law, or for a maintenance and cure claim against a non-employer third-party tortfeasor. See Wiltz v. MI, LLC, Civil Action No. 17-4943 (US Dist. E.D. ...
- Louisiana Defenses: Claim Preclusion Based on Regulatory Compliance - When defending against claims of negligence, defense counsel should explore the possibility of claim preclusion based on compliance with applicable governmental regulations. This argument has been successful in railroad negligence cases. Claim preclusion, of course, is a narrow defense that targets only some of the asserted bases for negligence. An example is the case of ...
- Causation in Louisiana Toxic Tort Cases - In general, to prove negligence in Louisiana, a plaintiff must provide evidence of the standard elements of negligence - duty, breach, causation, and injury/damage. The plaintiff bears the burden of proof and each element must be proven by a preponderance of the evidence. This article focuses on the causation element with a particular focus on ...
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- Defending Legacy Environmental Litigation - The Louisiana courts continue to explain the procedures for lawsuits filed under Louisiana Revised Statute § 30:29 (hereinafter "Act 312"). Under Act 312, if a New Orleans or Louisiana landowner discovers environmental contamination, the landowner can sue for remediation. Act 312 replaced the older statutory and common law right of landowners to collect money damages ...Continue Reading
- Defending Maritime Cases: No Punitives Against Non-Employer Tortfeasor - A recent case out of the US District Court for the Eastern District of Louisiana has confirmed that punitive damages are NOT available under the Jones Act, under general maritime law, or for a maintenance and cure claim against a non-employer third-party tortfeasor. See Wiltz v. MI, LLC, Civil Action No. 17-4943 (US Dist. E.D. ...Continue Reading
- Louisiana Defenses: Claim Preclusion Based on Regulatory Compliance - When defending against claims of negligence, defense counsel should explore the possibility of claim preclusion based on compliance with applicable governmental regulations. This argument has been successful in railroad negligence cases. Claim preclusion, of course, is a narrow defense that targets only some of the asserted bases for negligence. An example is the case of ...Continue Reading
- Causation in Louisiana Toxic Tort Cases - In general, to prove negligence in Louisiana, a plaintiff must provide evidence of the standard elements of negligence - duty, breach, causation, and injury/damage. The plaintiff bears the burden of proof and each element must be proven by a preponderance of the evidence. This article focuses on the causation element with a particular focus on ...Continue Reading
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