The Louisiana Supreme Court in McGlothlin v Christus St. Patrick’s Hospital, 2010-2775 (La. 7/1/11), struck a powerful blow to the conspiracy of silence machine that dominates Louisiana medical malpractice litigation by holding that the Louisiana Medical Malpractice Act does NOT mandate the admission of a medical review panel opinion when…
In a case arising from a fire at an oil well site which left a worker severely burned, a deeply divided Louisiana Supreme Court held in a 4-3 decision that a timely filed lawsuit against a worker’s statutory employer who is immune from tort liability and who had not paid…
In Whitley v. State of Louisiana, through the Board of Supervisors of Louisiana State University Agricultural Mechanical College, 2011-0040 (La. 7/1/11) and Burnett v. James Construction Group, 2010-2608 (La. 7/1/11), the Louisiana Supreme Court preserved a tort victim’s rightful day in court. According to Baton Rouge, Louisiana personal injury and…
Retired Louisiana First Circuit Court of Appeal Judge, Bob Downing, now of counsel with the Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews Courrege L.C., has joined the panel of neutrals of MAPS – Mediation Arbitration Professional Systems, Inc. – with offices in Baton Rouge, New Orleans, and…
In Brooks. v. State of Louisiana, Department of Transportation and Development, 2010-1908 (La.7/1/11), the Louisiana Supreme Court held that the scope of duty of the Louisiana Department of Transportation and Development (DOTD) to maintain the shoulder of a Louisiana state highway does not encompass the risk that a driver of…
The Louisiana Supreme Court in Fulmer v. State of Louisiana, Department of Wildlife and Fisheries, 2010-2779 (La.7/1/11), clarified that seamen employed by the State of Louisiana may assert a claim for damages against the State of Louisiana under the Jones Act. The Supreme Court held that because the State of…
Baton Rouge, Louisiana Motorcycle Accident Attorney, Scott Andrews, returned safely from a week-long trip to North Carolina, where he, along with five other motorcycle enthusiast friends, slayed the dragon in Deals Gap. With 318 curves in 11 miles, the Tail of the Dragon is the number one motorcycle destination in…
On June 27, 2011, the United States Supreme Court in Philip Morris v. Jackson, 10-735, denied a request from Big Tobacco to overturn a 2004 Louisiana judgment totaling $270 million to fund a ten-year smoking cessation program that will include medications, telephone quit lines, health intervention systems, and intensive cessation…
A husband and wife were killed in St. Tammany Parish, Louisiana, after being rear- ended by an 18-wheeler. The couple was traveling in the right lane when the 18-wheeler changed lanes and rear ended them. The collision caused the couple’s vehicle to rotate and leave the roadway and impact trees.…
Given the inherently dangerous nature of gas, gas companies are required to exercise the utmost care to reduce hazards to life as far as is practicable. A gas company is under a duty to safeguard against occurrences that can be reasonably expected or contemplated. When an accident or occurrence can…