Articles Posted in Louisiana Personal Injury Law

“The right to representation by counsel is not a formality. It is not a grudging gesture to a ritualistic requirement. It is of the essence of justice.” Kent v. United States, 383 U.S. 541, 561 (1966).

On my way back from a meeting in North Louisiana on Wednesday, March 31, 2010, I was detoured off of U.S. Highway 61 and around downtown St. Francisville, Louisiana, due to a overturned 18 wheeler that had spilled toxic and hazardous chemicals into the adjacent ditch in the middle of…

The $350,000 non-economic cap on medical malpractice damages in Georgia was declared to be an unconstitutional violation of the right to jury trial by a unanimous Georgia Supreme Court on March 22, 2010. The Georgia Supreme Court ruled that the 2005 law “clearly nullifies the jury’s findings of fact regarding…

On March 16, 2010, the Louisiana Supreme Court in Menard v. Lafayette Insurance Company, 09-1869, found that the Louisiana Third Circuit Court of Appeal erred in its application of the manifest error standard of review in increasing a jury’s award for future medical expenses in a personal injury case. The…

The Louisiana Supreme Court on March 16, 2010, reversed in part and affirmed in part the matter of Brewer v. J.B. Hunt Transport, 2009-1408 c/w 2009-1428. Brewer was permanently and severely injured when his pick-up truck rear-ended and rode underneath an 18 wheeler on I-12 in Livingston Parish, Louisiana. The…

The State of Louisiana’s Office of Risk Management is being privatized. Louisiana Commissioner of Administration Angele Davis announced that F.A. Richard & Associates, Inc. (FARA) will take over the adjusting and management of all property and casualty claims and loss prevention for the State of Louisiana’s self-insured risks. It is…

On February 16, 2010, a Southland Steel Fabricators construction worker suffered a fatal traumatic brain injury and another worker sustained minor injuries in Baton Rouge, Louisiana, after the construction workers fell 20 feet to the ground from a lift after it was struck by a beam. According to the National…

President Barack Obama nominated former Louisiana State Bar Association President Elizabeth Erny Foote to serve as district judge on the United States District Court for the Western District of Louisiana. This brings the total number of pending federal district court nominees awaiting Senate approval in Louisiana to two. The other…

Louisiana Supreme Court Chief Justice Catherine “Kitty” Kimball continues to rapidly improve after successful surgery to remove a blockage which caused an ischemic stroke on Sunday, January 10, 2010. Chief Justice Catherine Kimball continues to progress in her recovery from a stroke she suffered last Sunday, January 10, 2010. After…

Louisiana’s Traumatic Head Injury or Spinal Cord Injury Trust Fund provides services to Louisiana citizens who survive traumatic head or traumatic spinal cord injuries, and who have exhausted all other governmental and private resources. Individual services are limited to $15,000 per year, with a cap of $50,000 over the individual’s…