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In a 4-3 per curiam decision, the Louisiana Supreme Court in Ramanda Houston v. PNK (Bossier City), Inc., d/b/a Boomtown Casino and Hotel and Boomtown Casino, 2013-CC-1991 (La. 1/27/14), granted a summary judgment dismissing the accident victim’s slip and fall case. The victim slipped on a walkway as she exited a bus at the Boomtown Casino parking lot in Bossier City, Louisiana.

In order to prevail in a non-merchant slip and fall accident in Louisiana, the victim must establish that the defendant knew or should have known of the defect which caused the damage, that the damage could have been prevented by the use of reasonable care, and that the defendant failed to exercise such care. La. Civ. Code art. 2317.1.

The defendant produced evidence establishing that the walkway was designed to promote a non-skid surface and to prevent water from pooling in the area. The defendant also showed that no other similar accidents had occurred in the area. The victim came forward with no contrary evidence, but only her own affidavit that stated the pavement was wet and slippery and “may” have been muddy because the ground was muddy on either side of the walkway.

The Supreme Court held that the victim’s failure to produce any evidence of a material fact in dispute mandated the granting of the motion for summary judgment dismissing her case.
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The Louisiana Record reports that the Civil Rights Division of the United States Department of Justice (DOJ) is investigating the Louisiana Supreme Court Committee on Bar Admissions over alleged violations of the Americans with Disabilities Act (ADA). Specifically, the DOJ has found that the Committee on Bar Admissions requires disclosure of bar applicant’s mental health status and access to applicant’s mental health records. Admission for certain applicants with mental health issues are conditional despite the lack of any misconduct.

In a February 5, 2014 letter sent to the Chief Justice of the Louisiana Supreme Court, the executive director of the Louisiana Supreme Court Committee on Bar Admissions and the chief disciplinary counsel for the Louisiana Attorney Disciplinary Board, the DOJ states that: “Questions based on an applicant’s status as a person with a mental health diagnosis do not serve the Court’s worthy goal of identifying unfit applicants, are in fact counterproductive to ensuring that attorneys are fit to practice, and violate the standards of applicable civil rights laws.”

The full article can be found here at The Louisiana Record.

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For the second straight year, Louisiana Super Lawyers has selected every member (Paul H. Dué, Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C..

The reason each member has been selected for inclusions in the 2014 Louisiana Super Lawyers list in the practice area of Personal Injury is clear – more than 27 years of handling referrals of complex and difficult personal injury cases from lawyers around the world. The firm’s success is rooted in academia, with all firm members having graduated at the top of their law school class and having served as members of or as editors of their Law Reviews. The firm boasts two former Louisiana Supreme Court law clerks, a former U.S. Fifth Circuit Court of Appeals law clerk, an Adjunct Professor of Law, two past Presidents of the Louisiana Association for Justice (LAJ), and both a former Louisiana appellate judge and an esteemed University of Texas Law Professor “of counsel”.

This academic background, combined with dedication, hard work and extensive experience, has led to hundreds of millions of dollars in judgments, settlements and verdicts. The firm’s success has been shared with the extensive number of attorneys around the world who have referred complex personal injury cases to the firm – and who find the firm’s experience and funding assistance invaluable in representing their seriously injured clients.

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For the fourth consecutive year, the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. has been recognized in the “Best Law Firms” rankings by U.S. News & World Report and Best Lawyers. The firm was recognized for 2014 in the plaintiff practice areas of Personal Injury Litigation, Product Liability Litigation, Medical Malpractice, and Admiralty & Maritime Law.

Firms included in the 2014 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

“U.S. News has more than two decades of experience in providing the public with the most accurate and in-depth rankings of a wide range of institutions, including our Best Law Schools rankings,” says Tim Smart, Executive Editor of U.S. News & World Report. “Law firms are an integral part of our rankings and a natural accompaniment to the law school rankings.”

The 2014 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America©, which recognizes the top 4 percent of practicing attorneys in the US. Over 12,000 attorneys provided over 330,000 law firm assessments, and almost 7,000 clients provided close to 20,000 evaluations. In addition, to provide personal insight, a new Law Firm Leaders Survey was implemented in the decision-making process.

“Because we combine hard data with peer reviews and client assessments,” says Steven Naifeh, President and Co-Founder of Best Lawyers, “more and more clients inform us ours are the most thorough, accurate, and helpful rankings of law firms ever developed.”

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.
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The Wex Malone American Inn of Court met on October 30, 2013. Shown are Inn members who presented a one hour CLE titled, “Better Call Saul.” From right to left: Chris Cascio, Grant Herrin, Judge Charlene Day, Judge Pam Baker, Randy Piedrahita (moderator), and Monica Vela-Vick.

American Inns of Court (AIC) are designed to improve the skills, professionalism and ethics of the bench and bar. The Wex Malone American Inn of Court is an amalgam of judges, lawyers, and law students. The Inn meets approximately once a month both to “break bread” and to hold programs and discussions on matters of ethics, skills and professionalism.

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At the September 26, 2013 meeting of the Capital City Republican Women at BREC’s Independence Park, Baton Rouge, Louisiana attorney, Randy A. Piedrahita, discussed Louisiana’s Stand Your Ground Law. Piedrahita was joined in the lively and informative discussion by Rep. Barry Ivey, Police Chief Carl Dabadie Jr., and Greg Phares.

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No person can insure against his own intentional acts. Public policy forbids it. But public policy does not forbid one to insure against the intentional acts of another for which he may be vicariously liable.

If the exclusionary language in the personal liability insurance policy applies to the intent of “the” insured, then only the intent of “the” person for whom coverage is sought for his/her vicarious liability under the policy will be dispositive, rather than the intent of the intentional actor for whom the person for whom coverage is sought is vicariously liable, and coverage will not be excluded. However, if the exclusionary language in the policy applies to “an” or “any” or “one or more” insureds, then the intent of the intentional actor will be dispositive and coverage will be excluded.

See McBride v. Lyles, 303 So. 2d 795 (La.App. 3d Cir. 1974) (“the” insured); Lamkin v. Brooks, 498 So.2d 1068 (La. 1986) (“any” insured); Travelers Ins. Co. v. Blanchard, 431 So.2d 913 (La.App. 2d Cir.1983) (“an” insured); and Leslie v. Andrews, 905 So.2d 368 (La.App. 4th Cir. 2005), writ denied, 901 So.2d 1077 (La.2005) (“one or more” insureds).

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The intentional injury exclusion for injuries of a “a different kind or degree” or sustained by a “different person or property, than intended or expected” in personal liability insurance policies is enforceable and excludes coverage even if the seriousness of the injury is not intended expected or if a different person is injured than intended or expected. See Simpson v. Angel, 598 So.2d 584 (La.App. 4th Cir.), writ denied, 605 So.2d 1091 (La.1992).

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When determining whether the intentional injury exclusion — “willful and malicious acts of any insured” — will preclude coverage in a personal liability insurance policy, it is immaterial whether the insured intended the actual resulting injuries.

The act is “willful” if the actor has intentionally done an act of unreasonable character in reckless disregard of the risk known to him, or so obvious that he must be taken to have been aware of it, and so great as to make it highly probable that harm would follow. It is usually accompanied by a conscious indifference to consequences, amounting almost to a willingness that harm should follow.

“Malicious” is characterized by, or involving, malice; having, or done with, wicked or mischievous intentions or motives; wrongful and done intentionally without just cause or excuse.

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