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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 Allen & Gooch
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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 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 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 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 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 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 Broussard
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Professional Liability
Disappointed Legatees: Legal Malpractice Claims Against Testator’s Attorney
Ordinarily, a legal malpractice claim can only be brought by the attorney’s client; however, the Louisiana Supreme Court, in Succession of Killingsworth, 292 So.2d 536 (La. 1973), held a legatee of a will, found to be invalid due to the drafting attorney’s negligence, may have a legal malpractice claim as a non-client, third-party beneficiary. The […]
- June 7, 2017
- By Allen & Gooch
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Insurance & Casualty Litigation
UM Rejection Forms – Requirements & Duration
Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains. According to the UM statute, the rejection […]
- March 15, 2017
- By Brent Carriere
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Employment Law & Litigation
Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana
In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana. — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]
- March 13, 2017
- By Allen & Gooch
