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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
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Insurance & Casualty Litigation
Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties
UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that: The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […]
- January 23, 2017
- By Brent Carriere
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Professional Liability
Non-Client Must Plead Intent to Harm Against Adversary’s Attorney
In Landry v. Base Camp Management, LLC, the First Circuit recently rejected the law of mandate as a vehicle for a direct attack by a non-client against an adversary’s attorney and reinforced the requirement that a non-client plead intent to cause direct harm and malice to state a cause of action. 2015-1377 (La. Ct. App. […]
- November 3, 2016
- By Allen & Gooch
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Professional Liability
Prescriptive/Peremptive Periods on Claims Against Non-Louisiana Attorneys
Louisiana’s First Circuit Court of Appeal recently addressed whether Louisiana’s peremption statute applies to malpractice actions against attorneys not licensed to practice in Louisiana. In Trans Pacific Interactive, Inc. v. U.S. Telemetry Corp., 16-0119 (La. App. 1 Cir. 9/16/16), 2016 WL 4942515, Trans Pacific Interactive, Inc. (“TPI”) sued its attorneys for providing legal counsel while […]
- September 29, 2016
- By Allen & Gooch
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Professional Liability
Attorneys Continue to Avail Themselves of SLAPP Motions
Louisiana, like most States, has a procedure in place in Louisiana’s Code of Civil Procedure Article 971 (the “Special Motion to Strike”) affording the defendant an opportunity to have the case dismissed based upon a listed Constitutional or legislative activity. Until somewhat recently, there were no reported decisions as to whether an attorney providing representation […]
- September 15, 2016
- By Allen & Gooch
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Professional Liability
Governor Edwards Issues Proclamation Extending Filing Deadlines
As a result of the recent flooding in Louisiana, Governor Edwards issued a series of proclamations which extended all deadlines for legal filings. Executive Order No. JBE 2016-53 Executive Order No. JBE 2016-57 Executive Order No. JBE 2016-66 Since most professional liability statutes in Louisiana are peremptive, as opposed to prescriptive, an issue may arise […]
- September 15, 2016
- By Allen & Gooch
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Health Law
Suit Filed Against Feds Over CMS Risk Adjustment Formula
On July 29, 2016, Minuteman Health Inc. filed suit in Massachusetts against the federal government, naming, as defendants, the US Department of Health and Human Services, the Centers for Medicare and Medicaid Services (CMS) and the heads of both agencies. The suit alleges that the risk adjustment formula used to calculate which insurance companies have […]
- September 12, 2016
- By Allen & Gooch
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Professional Liability
Louisiana Courts Address Legal Malpractice Intentional Tort
In the wake of the Louisiana Supreme Court’s ruling in Lomont v Bennett, 172 So.3d 620 (La. 2015), courts across Louisiana are addressing the intentional tort provision(s) of La. R. S. 9:5605 in legal malpractice actions. Two recent Louisiana Federal Court cases touch on intentional tort/fraud. Lawyer’s agreement to settle malpractice claim with client […]
- September 7, 2016
- By Allen & Gooch
