Top Menu

FullSizeRender

Attorney Lausten Represents Simona Mangiante Papadopoulos

Washington, D.C.: Kristin M. Lausten of Lausten & Co. represented Simona Mangiante Papadopoulos, the wife of former Trump advisor George Papadopoulos, in a private hearing of the U.S. Senate Select Committee on Intelligence on Monday, March 11, 2019 as they continued to investigate alleged Russian interference in the 2016 Presidential election. Kristin was retained as co-counsel […]

Continue Reading
violating servitudes

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
violating servitudes

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
Kristin Lausten Lawyer

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
Kristin Lausten Lawyer

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
Kristin Lausten Lawyer

Defending NORM/TENORM Litigation: Prescription Periods and Contra Non Valentem

Complexity and high risk are the defining aspects of cases based on claims related to naturally occurring radioactive materials (“NORM”) or technologically enhanced NORM (“TENORM”)[1]. Here in New Orleans and elsewhere in Louisiana, NORM and TENORM litigation most often involves the oil and gas industry. Naturally occurring radioactive materials are commonly brought to the surface […]

Continue Reading
Kristin Lausten Lawyer

Fifth Circuit: “Information on the Internet” is not “In and of Itself” “Constructive Knowledge,” Which Would Defeat an Argument of Contra Non Valentem

The courts are — finally — beginning to acknowledge the proposition that a vast wealth of information is available to plaintiffs on the internet via simple and quick web-based search inquiries. Frankly, it should be more difficult for a plaintiff to allege ignorance with respect to the cause of some injury or wrongful death given […]

Continue Reading
Kristin Lausten Lawyer

Another Federal Circuit Takes Broad View of Issue Class Certification Under Rule 23(b)(3) and 23(c)(4)

Recently, another federal circuit adopted the “broad view” of federal issue class certification under Rule 23(c)(3) and (c)(4). This leaves only the Fifth Circuit (Louisiana, Mississippi & Texas) and the Eleventh Circuit (Alabama, Florida & Georgia) as courts holding to the “narrow view” of class certification. The “board view” makes it easier for classes to […]

Continue Reading
Kristin Lausten Lawyer

Louisiana Defenses: Strategies for Avoiding Waiver of Claims Defenses

 Insurance policies are contracts. As such, contract law doctrines apply to insurance policies, including the doctrine of waiver. Here in New Orleans and elsewhere in Louisiana, waiver can apply to policy provisions and with respect to rights, privileges, and protections provided by Louisiana statute. This article will discuss waiver issues with a discussion of a […]

Continue Reading
x Shield Logo
This Site Is Protected By
The Shield →