Prescription Does Not Begin to Run Until the Diagnosis is Confirmed

On August 17, 2011, the siblings and heirs of a retired plumber filed a survival action on behalf their brother who died from mesothelioma. The decedent worked at Charity Hospital (“Charity”) in New Orleans for over thirty years and was allegedly exposed to asbestos containing materials throughout the course of his career. While the lawsuit … Read More

Failure to Disclose Prior Accidents Results in Dismissal

Claimant was employed as a maintenance mechanic for Employer when he injured his shoulder while pushing a drum across a grate to weigh it. Claimant filed a disputed claim for compensation regarding the nature and extent of his disability. Employer in turn countered that Claimant made willful and false statements for the purpose of obtaining … Read More

Florida Workers’ Compensation Act Unconstitutional

A Florida circuit court judge has ruled that the state’s workers’ compensation law is unconstitutional because it no longer provides adequate benefits to injured workers giving up their right to sue in tort. Judge Jorge Cueto who presides in Florida’s 11th Circuit Court issued a ruling in the case of Padgett v. State of Florida. … Read More

Louisiana Limits Employer’s Access to Personal Online Accounts of Employees and Job Applicants

The Louisiana Governor recently signed into law a Personal Online Account Privacy Protection Act that prohibits employers and schools in Louisiana from requesting or requiring access to personal email, social media, and other types of online accounts of employees, job applicants, students, or prospective students. The Act applies to any employer doing business in the … Read More

When Is A Negligent Act Intentional?

On June 12, 2009, two steelworkers, Ulvaldo Martinez and Martin Reyes, were killed when a steel reinforcing bar cage collapsed during the widening of the Huey P. Long Bridge. They were part of a crew that was responsible for constructing the rebar cage and securing it in place on top of a 60-foot-high footing that … Read More

Jury Awards $9 Billion in Bladder Cancer Case

In one of the biggest damages verdicts ever imposed, a jury in Lafayette, Louisiana, in the United States District Court for the Western District of Louisiana ordered two pharmaceutical corporations to pay a total of $9 billion in punitive damages for allegedly covering up cancer risks in the diabetes drug Actos. The plaintiffs filed suit … Read More

No Physical Defect Required for FSAA or LIA Claim

While employed as a conductor on a light locomotive engine for Alabama Great Southern Railroad Company (“employer”), plaintiff sustained an injury to his back and shoulder. Plaintiff alleged that as the locomotive engine approached railcars, the engineer attempted to apply the independent brake, but it would not respond. The locomotive engine collided with the railcars … Read More

Workers’ Compensation Law Bars Negligence Claim

Plaintiff, employed as a project assistant, claims she was subjected to a hostile work environment because a co-employee continually harassed her on the basis of her gender. Plaintiff filed suit against her employer for negligence resulting in mental, emotional, and physical injuries. The defendant-employer moved to dismiss on the grounds that the Louisiana Workers’ Compensation … Read More

Failure to Offer Evidence Results in Dismissal of Lawsuit

Plaintiff filed suit against a casino, alleging that she was injured in a slip and fall accident on a walkway in the casino’s parking lot. The casino moved to dismiss plaintiff’s suit on the basis that the walkway had a non-skid surface and there had been no similar accidents. In response, plaintiff echoed the allegations … Read More

Louisiana Third Circuit Rejects Insurer’s Retroactive Cancellation Argument

Plaintiff was allegedly injured when he was pinned between a vehicle and a building. The driver of the vehicle was insured by Essentia Insurance Company at the time of the accident. Plaintiff sued the driver and Essentia. On a motion for summary judgment, Essentia argued that the insurance policy had been cancelled prior to the … Read More