Professional Liability
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COVID-19
The Novel Coronavirus (COVID-19) and Performing Your Contractual Obligations
- March 30, 2020
- By Emile Joseph
As state and federal leaders increasingly implement restrictions on everyday life – including business functions – in an effort slow the spread of COVID-19, you may find yourself suddenly concerned about fulfilling your contractual obligations. In such a case, you may quickly begin to wonder whether you are protected from liability if you cannot perform […]
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COVID-19
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 […]
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COVID-19
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. […]
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COVID-19
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 […]
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COVID-19
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 […]
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COVID-19
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 […]
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COVID-19
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 […]
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COVID-19
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 […]
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COVID-19
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 […]
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COVID-19
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 […]