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.
- Negligent Hiring can be an “Accident” for Purposes of Commercial General Liability Insurance Coverage - Normally, we focus on Louisiana cases, but, occasionally, cases from our sister states are noteworthy. One such case was recently decided by the California Supreme Court when the court held that negligent hiring can be an "accident" -- or an "occurrence" -- for purposes of coverage under a commercial general liability insurance policy. See Liberty ...
- Law of Negligence — Not Maritime Law — Applied to Damage to Oyster Leases - In an interesting case from St. Bernard Parish, the court held that negligence law applied to damage to oyster beds, not maritime law. See Cibilic v. Cox Operating, LLC, Case No. 2017-CA-0813 (La. App. 4th Cir. June 6, 2018). In that case, the plaintiffs operated oyster leases located in Lake Eloi in about six to ...
- The Necessary and Essential Elements of Toxic Torts: Proving Level of Exposure - Toxic tort cases are, at their core, a subset of negligence and product liability cases. As such, the standard elements of negligence and product liability must be proven. These include duty, breach, causation, and injury. Additionally, the causation must flow from the fact that the toxic substance was unreasonably dangerous or from a failure to ...
- Environmental Law: Expanding a Personal Servitude Requires Consent - In Louisiana, there are two types of servitudes: personal servitudes and predial servitudes. See La. C.C. art. 533-34 and 639-40. Personal servitudes confer upon a person a specified use of an estate less than full enjoyment. Consider the now infamous question of whether duck hunting rights constitute a "lease" or a "personal servitude?" See Richard ...
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- Negligent Hiring can be an “Accident” for Purposes of Commercial General Liability Insurance Coverage - Normally, we focus on Louisiana cases, but, occasionally, cases from our sister states are noteworthy. One such case was recently decided by the California Supreme Court when the court held that negligent hiring can be an "accident" -- or an "occurrence" -- for purposes of coverage under a commercial general liability insurance policy. See Liberty ...Continue Reading
- Law of Negligence — Not Maritime Law — Applied to Damage to Oyster Leases - In an interesting case from St. Bernard Parish, the court held that negligence law applied to damage to oyster beds, not maritime law. See Cibilic v. Cox Operating, LLC, Case No. 2017-CA-0813 (La. App. 4th Cir. June 6, 2018). In that case, the plaintiffs operated oyster leases located in Lake Eloi in about six to ...Continue Reading
- The Necessary and Essential Elements of Toxic Torts: Proving Level of Exposure - Toxic tort cases are, at their core, a subset of negligence and product liability cases. As such, the standard elements of negligence and product liability must be proven. These include duty, breach, causation, and injury. Additionally, the causation must flow from the fact that the toxic substance was unreasonably dangerous or from a failure to ...Continue Reading
- Environmental Law: Expanding a Personal Servitude Requires Consent - In Louisiana, there are two types of servitudes: personal servitudes and predial servitudes. See La. C.C. art. 533-34 and 639-40. Personal servitudes confer upon a person a specified use of an estate less than full enjoyment. Consider the now infamous question of whether duck hunting rights constitute a "lease" or a "personal servitude?" See Richard ...Continue Reading
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