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Private/Parochial School Law
Academic Transcripts
It is legal for private schools to withhold student transcripts for nonpayment of tuition/fees? Implicit in any private school enrollment is the school’s agreement to furnish the student with an education and the associated documentation of his/her academic achievements (e.g., transcripts) in exchange for the parents’ agreement to pay tuition and fees. If the parents […]
- April 10, 2019
- By Troy Broussard
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Workers' Compensation
Importance of Part-Time & Seasonal Employment Acknowledgement Forms in Workers’ Comp
Calculating Average Weekly Wage One of the first things that a payor (employer or insurer) must do once a workers’ compensation claim has been accepted as compensable is to correctly calculate the claimant’s average weekly wage and compensation rate in connection with the payment of indemnity benefits. If this is done incorrectly, the payor faces […]
- March 20, 2019
- By Allen & Gooch
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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 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 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 Allen & Gooch
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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
