Practice: Professional Liability

• Professional Liability

  Disappointed Legatees: Legal Malpractice Claims Against Testator’s Attorney

  • June 7, 2017
  • By Allen & Gooch

  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 […]

• Professional Liability

  Non-Client Must Plead Intent to Harm Against Adversary’s Attorney

  • November 3, 2016
  • By Allen & Gooch

  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. […]

• Professional Liability

  Prescriptive/Peremptive Periods on Claims Against Non-Louisiana Attorneys

  • September 29, 2016
  • By Allen & Gooch

  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 […]

• Professional Liability

  Attorneys Continue to Avail Themselves of SLAPP Motions

  • September 15, 2016
  • By Allen & Gooch

  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 […]

• Professional Liability

  Governor Edwards Issues Proclamation Extending Filing Deadlines

  • September 15, 2016
  • By Allen & Gooch

  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 […]

• Professional Liability

  Louisiana Courts Address Legal Malpractice Intentional Tort

  • September 7, 2016
  • By Allen & Gooch

  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 […]

• Professional Liability

  FINRA Complaints – 5 Steps to Responding

  • July 20, 2016
  • By Allen & Gooch

  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 […]

• Professional Liability

  When can insurance agent peremption be extended to an insurer?

  • June 2, 2014
  • By Allen & Gooch
  

  Denial of Health Insurance Based on Missing Information In the case of Sibley v. Blue Cross Blue Shield of Louisiana, 2014 WL 1100158 (La. App. 1 Cir. 3/20/2014), Blue Cross Blue Shield of Louisiana (“BCBS”) retroactively cancelled Ms. Laura Sibley’s health insurance policy after BCBS discovered information that demonstrated that Ms. Sibley’s pre-existing condition was […]

• Professional Liability

  The Basic Duties of Insurance Agents in Louisiana

  • December 6, 2013
  • By Allen & Gooch
  

  Do you know what duties insurance agents owe to their clients in Louisiana? Insurance agents in Louisiana owe a duty of due diligence in obtaining coverage for their clients.  Louisiana jurisprudence provides that an insurance agent who undertakes to procure insurance for another owes an obligation to his client to use reasonable diligence in attempting […]

• Professional Liability

  3rd Circuit Upholds Medical Malpractice Cap for Nurse Practitioners

  • May 15, 2012
  • By William Parker
  

  Medical Malpractice Cap Constitutional and Lower Courts Bound to Follow In Olivier v. Magnolia Clinic, 11-2132 (La. 3/13/12), 85 So. 2d 39, the Louisiana Supreme Court overturned a ruling by the Louisiana Third Circuit Court of Appeal holding that the $500,000 cap under the Medical Malpractice Act (MMA) was unconstitutional when applied to Nurse Practitioners.  […]