Principles of Interpretation of Insurance Policies: 1) An insurance policy is a contract between the parties and is the law between the parties. 2) An insurance policy is construed using the general rules of interpretation of contracts set forth in the Civil Code. See La. C.C. art. 2045: Interpretation of…
Congratulations to Baton Rouge, Louisiana trial lawyer, Scott Andrews, of the law firm of Dué Guidry Piedrahita Andrews Courrege L.C., for being recognized as one of America’s top young trial lawyers. Scott Andrews has been invited to join the invitation only professional organization, The National Trial Lawyers: Top 40 under…
As of August 1, 2012, the Louisiana Supreme Court is accepting electronic or e-filing of documents from Louisiana attorneys in good standing. Attorneys interested in this voluntary program must first participate in a 30-minute online training session provided on the Louisiana Supreme Court website in order to obtain a password…
The Baton Rouge, Louisiana personal injury lawyers at Dué Guidry Piedrahita Andrews Courrege L.C. salute the Louisiana State Police Insurance Fraud Unit for cracking down on insurance fraud. Insurance fraud investigators made three arrests in July 2012 arising out of the submission of fraudulent insurance claims. The first involved a…
Click here for a link to news footage involving Randy Piedrahita in his SWAT role. See if you can spot Randy in the footage of the manhunt for an attempted carjacker in Baton Rouge.
ELEMENTS OF AN INADEQUATE WARNING CLAIM UNDER THE LPLA I. claimant sustains damages caused by a characteristic of a product AND II. damages arose from a reasonably anticipated use of the product –use or handling of a product that the product’s manufacturer should reasonably expect of an ordinary person in…
I. claimant sustains damages caused by a characteristic of a product AND II. damages arose from a reasonably anticipated use of the product –use or handling of a product that the product’s manufacturer should reasonably expect of an ordinary person in the same or similar circumstances AND III. damage causing…
The Louisiana Supreme Court struck another blow to victims of allegedly defective products on February 18, 2011, when it issued the per curiam decision of Payne v. Gardner, 2010-2627 (La. 2/18/11). A child was injured after climbing onto and then attempting to ride the moving pendulum of an oil well…
In Louisiana medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving, by a preponderance of the evidence (more probable than not), the negligence of the physician, dentist, optometrist, or chiropractic physician. The jury shall be further instructed that injury alone does not raise…
In Louisiana medical malpractice actions, the plaintiff has the burden of proving: (1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised by physicians, dentists, optometrists, or chiropractic physicians licensed to practice in the state of Louisiana and actively practicing in a similar community or…