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negligence mental injury

Defending Louisiana Negligence Cases: Handling Mental Injury/Distress Claims Part II

As noted in Part I, when defending Louisiana negligence claims, sometimes defense counsel must specifically defend against claims of mental injury. In part I, we looked at defense strategies for direct victim mental injury claims. In this article, we will examine strategies for defending the bystander rule. Louisiana Claims of Mental Injury: Bystander Mental Injury […]

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Defending Mental Injury Claims

Defending Louisiana Negligence Cases: Handling Mental Injury/Distress Claims Part I

When defending claims of mental injury/distress in New Orleans and in Louisiana, defense counsel must take into consideration what type of mental injury claim is being made. Like many jurisdictions, Louisiana law contemplates three kinds of mental injury/distress: Direct victim mental injury — mental injury flowing directly from the alleged bad actions of the defendant […]

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insurance defense technology

Louisiana Insurance Defense: Event Data Recorders and Other Technology

Technology is changing the way Louisiana insurance cases are litigated and defended. Take for example, event data recorders (“EDR”) also known as “automobile black boxes.” For at least five years, all new cars and trucks have been required to have event data recorders (“EDR”). What is an Event Data Recorder? Most cars and trucks have […]

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defending negligence claims

Defending Negligence Claims: Open and Obvious in New Orleans

Louisiana property owners can be considered negligent if they allow or create hazards that cause injury related to their land or buildings. These rules are codified La. C.C. §§ 2315, 2317, 2317.1 and 2322. See also La. C.C. §§ 2315 and 2317 for general duty of care for individuals and La. R.S. § 9:2800.6 (heightened […]

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asserting coverage denial

The Importance of Asserting Coverage Denial Before Undertaking Defense

A recent case from the Parish of St. Martin, Louisiana (3rd Circuit) highlights the importance of asserting an insurance coverage denial and issuing a reservation of rights before undertaking defense of the case. See Rivers v. Daigle, 16-805 (La. App. 3rd Cir. 2017), 210 So. 3d 815. Facts of the Case On September 22, 2013, […]

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nhwa

Hurricanes and Storms: Defending Claims Under the Louisiana NHWA

Hurricanes, tropical storms, and other severe weather events that makes landfall in Louisiana often leave behind a swath of damaged and destroyed homes, businesses, and buildings. After the storms, the state inevitably sees a massive increase in reconstruction efforts and a corresponding increase in lawsuits claiming breach of construction warranties and construction defects. The uptick […]

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venue analysis

Part 5 – Louisiana Venue Analysis: Issues Concerning Venue for Insurance Defense

Insurance providers generally conduct business across a number of jurisdictions, and their business conduct is rarely limited to a single parish in Louisiana. Due to the multi-jurisdiction reach of many insurance companies’ businesses, insurance companies often include venue provisions in their insurance policies which bind insurance policyholders to litigate disputes with the policy and claims […]

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venue

Part 4 – Louisiana Venue Analysis: Negotiating to Avoid Unfavorable Venue in Contracts

When a choice of venue clause is unfavorable for a contracting party, that party can try to negotiate into the contract a way to avoid the unfavorable venue in the event that there is a dispute arising from the terms of the contract. There are several options that a contracting party can aim for, including […]

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Maritime Law: Recent Case Confirms No Non-Pecuniary Damages Under Jones Act

Maritime Law: Recent Case Confirms No Non-Pecuniary Damages Under Jones Act

In recent developments in admiralty law under the Jones Act, a Louisiana federal judge threw out a request for non-pecuniary damages made by a seaman and his family when he was injured while working on a tugboat. See Melancon v. Gaubert Oil Company, Inc., Civil Action No. 17-2905 (US Fed. E.D. Louisiana 2017). Jones Act […]

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Use of Drones for Insurance Claims Adjusting

Use of Drones for Insurance Claims Adjusting

As reported recently, nearly all major home insurance companies are now either considering or are now using drone technology to conduct insurance inspections and to process claims. Travelers, for example, now uses drones to conduct inspections in more than 30 states. Under Louisiana law, drone-conducted inspections are lawful, but some caution should be exercised. Advantages […]

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