Louisiana Business Law Blog

Employment Law & Litigation

Top 10 Questions to Ask Before Terminating an Employee in Louisiana

Is the employee covered by a collective bargaining agreement (e.g., union employee)?If so, the termination must be consistent with the Collective Bargaining Agreement (“CBA”).  Is there an applicable employment policy that restricts your ability to terminate the employment, and if so, have you strictly followed it?Example: If the employer has a policy that provides for […]

Workers' Compensation

Allen & Gooch Obtains another Victory for the Employer’s Right to Choice of Pharmacy

Allen & Gooch was recently successful in defending the employer’s right to choose the pharmacy where a workers’ compensation claimant must fill prescriptions. The Louisiana Supreme Court recently ruled in Soileau v. Wal-Mart Stores, Inc., 19-0040 (La. 6/26/19), __ So.3d __, 2019 WL 2750869, that the claimant’s motion seeking a hearing as to whether she […]

Workers' Compensation

Improper Use of 1010 Form For Physician Referral

As anyone who has practiced or worked in the area of Louisiana Workers Compensation can attest, there are an abundance of state forms. Each form has a specific purpose and exists to create a streamlined approach for how each claim is handled through resolution. However, an increasingly frustrating and confusing misuse of the 1010 Form […]

Workers' Compensation

Acquiring Information from a Claimant’s Treating Physician

What sort of communication can the adjuster, nurse case manager and voc rehab counselor have with the doctor without having to put the attorney or injured worker on notice? What does the law say? Louisiana Revised Statute 23:1127 addresses, in part, this question. Specifically, the stature indicates that a health care provider, without the necessity […]

Workers' Compensation

Social Media – Discoverability & Admissibility

A condensed review of Allen & Gooch’s presentation from the 2019 Louisiana Claims Association Conference What is Social Media? One of the biggest issues related to the use of social media evidence in the courts is the lack of a clear definition of what constitutes “social media.” The legislature has attempted to define this term […]

Remembering Frank A. Flynn

On Tuesday, May 14th, Allen & Gooch lost an exceptional attorney, colleague, and friend with the passing of beloved Partner Frank A. Flynn. We were lucky enough to enjoy his kindness, his monotone, but definitely not boring, jokes that were so unique to Frank, and, best of all, his friendship for nearly 40 years. The […]

Employment Law & Litigation

Drug Testing: Is Zero Tolerance Still the Best Policy?

Our company maintains a drug-free workplace. Our business has zero tolerance for drug use. An employee’s positive drug screen equals termination. While this has been a common practice for employers, the landscape surrounding drug testing is changing and is an area that merits continued monitoring by employers. For example, medical marijuana can be legally prescribed at […]

Private/Parochial School Law

Employer Liability Arising out of Student/Faculty Sexual Misconduct

Employers are liable for the negligent acts/omissions of their employees that occur during the course and scope of employment. This type of liability is referred to as “vicarious liability.” Generally, activities of an employee that are purely personal in nature and outside the scope of the employee’s job duties (e.g., sexual interactions with a student) […]

Insurance & Casualty Litigation

Found Treasure: How a Claimant’s Bankruptcy Filing May Uncover New Defenses

One of the many questions one should always ask any claimant is whether he or she has ever filed for bankruptcy. The reason is twofold. First, depending on the timing and nature of the bankruptcy filing, the claimant may have forfeited standing to pursue (or further pursue) a claim that is part of a bankruptcy estate of […]

Workers' Compensation

Using Maximum Medical Improvement to Request Independent Medical Examinations

Doctors generally use the term “maximum medical improvement” or “MMI” to signify that a patient is as well as he/she will get with the aid of conventional medicine and treatment. Under General Maritime Law, a Jones Act seaman is guaranteed certain benefits until a physician determines that he/she has reached maximum medical improvement. However, maximum […]