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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
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Health Law
Access to Better Care Act to Reduce Deductibles for Managing Chronic Illness
The Access to Better Care Act of 2016, H.R. 5652, is currently sitting in the Congressional Ways and Means Committee. Introduced by Representatives Diane Black (R-TN) and Earl Blumenauer (D-OR) on July 7, 2016, with bi-partisan and industry support, this bill seeks to change insurance coverage related to care of chronic disease. The bill seeks […]
- August 15, 2016
- By Allen & Gooch
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Workers' Compensation
Are Franchisee’s Entitled to Workers’ Compensation Benefits?
Who is entitled to Workers’ Compensation Benefits? The Workers’ Compensation Act provides an exclusive remedy for an employee against his employer or co-employee where the terms of the statute are met. The compromise allows the injured employee to recover benefits pursuant to the statute, but the employer (and/or co-employee) will be immune from […]
- July 25, 2016
- By Allen & Gooch
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Professional Liability
FINRA Complaints – 5 Steps to Responding
5 Steps For Financial Professionals to Take When Facing FINRA Complaint With the rise of BrokerCheck, it is more important than ever that brokers and financial advisors maintain a clean record. Complaints by clients can show up on BrokerCheck and create a shadow on the financial professional’s integrity, making it significantly more difficult to market […]
- July 20, 2016
- By Allen & Gooch
