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Kristin Lausten Lawyer

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 […]

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Kristin Lausten Lawyer

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 […]

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Kristin Lausten Lawyer

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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Kristin Lausten Lawyer

Opioid Crisis: Defending Allegations of Opioid Prescription Malpractice: Avoiding Hindsight Bias

Over the last decade or so, in Louisiana and in other parts of the US, we have seen opioid use and addiction go from an “opioid malpractice issue” to an “opioid epidemic” to an “opioid crisis.” Lawsuits are proliferating. Physicians and doctors are now facing malpractice claims for prescribing opioids in the normal course of […]

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Kristin Lausten Lawyer

Supreme Court Declines to Decide Maritime Contracts Case

The U.S. Supreme Court has declined to hear the case of Larry Doiron, Inc., et al., v. Specialty Rental Tools & Supply, L.L.P., et al. which sought review of the Fifth Circuit’s en banc decision.  The decision means that the en banc opinion will stand as the final law of the case. In the en banc decision, the court established a new […]

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Kristin Lausten Lawyer

Ezkovich & Co. Files Petition for Certiorari to United States Supreme Court in Maritime Contracts Case

Alan D. Ezkovich and Kristin M. Lausten of Ezkovich & Co., counsel of record for Larry Doiron, Inc. and Robert Jackson, filed a Petition for Certiorari with the United States Supreme Court in Larry Doiron, Inc., et al., v. Specialty Rental Tools & Supply, L.L.P., et al. seeking review of the Fifth Circuit’s en banc decision.   Despite the district court sitting as a court in […]

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Kristin Lausten Lawyer

Riverboat Casino is Not a “Vessel” Under New Orleans Maritime Law

General maritime law in New Orleans and in Louisiana applies only to “vessels.” Congress has defined “vessel” as “every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” See 1 U.S.C. § 3. According to longstanding US Supreme Court case law, a “vessel” must […]

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Kristin Lausten Lawyer

Opioid Manufacturers in Louisiana: The “Learned Intermediary” Doctrine

As the opioid crisis continues unabated, pharmaceutical companies and opioid manufacturers are facing an increasing number of lawsuits. Dozens of states, counties, and city governments have sued opioid manufacturers seeking money damages for what they claim are the government-paid costs caused by alleged false and misleading marketing practices. The US Justice Department has recently decided […]

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Kristin Lausten Lawyer

Opioid Crisis: How Doctors and Hospitals Can Help Defend Themselves from Legal Liability

The opioid crisis is here and it shows no particular sign of dissipating. In 2015, more than 33,000 people died from opioid abuse and many of those were from abuse of prescription opioids. The number exceeded 60,000 in 2016. Opioids have been described as “the deadliest drug crisis in American history.” Physicians, hospitals, and healthcare […]

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