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Private/Parochial School Law
Terminating “At Will” Employees – Avoiding Common Pitfalls
The general rule is that the employment of an “at will” employee can be terminated at any time and for any reason by either the employee or the employer. However, for employers, there are some very important caveats, and failure to take necessary precautions can be a very costly mistake. Regardless of the employee’s “at will” […]
- March 13, 2019
- By Troy A. Broussard
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Private/Parochial School Law
School-Sponsored Travel & Legal Exposure
School-sponsored travel can be a wonderful education, cultural and bonding experience for students, faculty, and parents. However, schools face potential legal exposure in connection with these trips. Pre-trip liability waivers for personal or bodily injuries are unenforceable under Louisiana law. Schools can be held liable for bodily injury and personal injury arising out of a […]
- February 6, 2019
- By Troy A. Broussard
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Workers' Compensation
Don’t Make Enemies of Injured Employees
In Workers’ Compensation, never rush to create an enemy Once you report an accident, it is going to increase your experience modifier, cause you plenty of headaches and give rise to a mountain of frustrations. Unfortunately, that is the cost of doing business in an industry where your employees may get hurt. Notwithstanding the legal […]
- December 7, 2018
- By Patrick A. Johnson
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Workers' Compensation
Court of Appeal Upholds Louisiana Medical Treatment Guidelines Review/Appeal Process
In a long-awaited decision, the First Circuit Court of Appeal has rendered a judgment in the case of Barber vs. Louisiana Workforce Commission, No. 2017 CA 0844 (La. App. 1 Cir. 10/19/2018), reversing the district court and finding the administrative review/appeal process for medical treatment of injured workers constitutional. The decision is yet another vindication […]
- November 6, 2018
- By Patrick F. Robinson
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Private/Parochial School Law
Bulletproofing Enrollment Contracts
Part I Released September 10, 2018 The verbiage in your enrollment contracts can play a critical role in resolving potential disputes with disgruntled parents before they occur. The most important functions of a “bulletproof” enrollment contract are the discouragement of defaults on the obligation to pay tuition and fees and the deterrence of litigation in […]
- September 10, 2018
- By Troy A. Broussard
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Insurance & Casualty Litigation
Does a UM Insurer have a duty to notify an insured of UM benefits?
Where to Start – The Policy When determining duties owed between an Insured and Insurance company, the first place to always look is the policy itself. Assuming a policy does not directly address the specific issue of whether an insurer must notify an insured of benefits owed (I have never seen a policy doing so), […]
- June 13, 2018
- By Brent N. Carriere
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Private/Parochial School Law
Locker Room Liability
While athletics are an integral and valuable aspect of most school communities—fostering school spirit and building life skills such as sportsmanship, teamwork, self-discipline, and work ethic—they can also be fertile ground for school liability. Locker rooms, weight rooms and other venues are frequent sites for student (and even coaching/faculty) misconduct. This is especially true during the […]
- May 25, 2018
- By Troy A. Broussard
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Private/Parochial School Law
Minimum Legal Requirements for Student Discipline
It is a myth that private and parochial schools have absolute and complete autonomy with regard to student discipline. Courts are required to show deference to the inner workings of a private/parochial school’s disciplinary process, but that deference is not absolute. Under Louisiana law, a student may make a successful legal challenge to disciplinary action by […]
- May 1, 2018
- By Troy A. Broussard
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Private/Parochial School Law
Handling Custody/Visitation Conflicts
One of the most common challenges faced by school administrators relates to the handling of child custody & visitation orders. It is not uncommon for one parent to demand that the school deny the other parent access to the student and/or the student’s records based on an ongoing custody battle or a custody/visitation order. A judgment/order […]
- April 9, 2018
- By Troy A. Broussard
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Private/Parochial School Law
Avoiding Title IX Investigations
Private and parochial schools that receive federal funding are, by federal law, required to comply with Title IX, which prohibits discrimination on the basis of sex in education programs and activities. I have recently seen an increase in the number of private/parochial schools being investigated by the Office of Civil Rights (OCR), a unit of […]
- March 27, 2018
- By Troy A. Broussard
