Tag: Louisiana Code of Civil Procedure

• General Liability

  Discoverability of Accident Reports

  • May 9, 2016
  • By Allen & Gooch

  In a previous blog articles, 10 Items to Preserve After an Accident in a Company Vehicle and Best Practices for Documenting Slip and Fall Accidents, I discussed the importance of preserving information after an accident and creating accident reports. However, it is important to note that your reports may be discoverable by the adverse party. […]

• Civil Procedure

  Updated Motion for Summary Judgment Article, Effective January 1, 2016

  • January 13, 2016
  • By Allen & Gooch

  Louisiana Code of Civil Procedure art. 966 has undergone significant edits in the past year, and the “new” article will take effect on January 1, 2016. The article will not affect any Motions for Summary Judgment (“MSJ”) pending adjudication or appeal on that date. The “new” article will only affect Motions filed after January 1, […]

• Business Transactions

  Co-owned hunting land cannot be divided, leads to partition and public sale

  • November 5, 2014
  • By Allen & Gooch
  

  Earlier this year, the Louisiana Third Circuit Court of Appeal ruled that co-owned hunting land could not be divided up and therefore had to be sold at public auction. Broussard v. Stutes Farms, LLC, 13-1122 (La. App. 3 Cir. 3/5/14), 134 So. 3d 226. The case involved two co-owned tracts of property totaling 125 acres […]

• Business Litigation

  2013 Legislative Update: Class Action Certification

  • November 11, 2013
  • By Allen & Gooch

  Louisiana Legislature Clarifies Requirements for Class Action Certification Historically, Louisiana Code of Civil Procedure art. 591(A)(5) stated: “the class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the […]

• Insurance & Casualty Litigation

  6 Things to Know About UM Coverage in Louisiana

  • October 31, 2013
  • By Brent Carriere
  

  Punitive damages Excluding punitive damages from UM coverage does not conflict with the purpose of the UM statute and should be given full effect.  Fortier v. Hamblin, 610 So.2d 897 (La. App. 1st Cir. 1992). Judicial interest Once a lawsuit is filed, the claim necessarily increases to take into account accrued interest.  Therefore, the amount […]

• Estate Planning and Administration

  Succession Representative Can Grant Mineral Leases Without Consent

  • September 11, 2013
  • By Allen & Gooch
  

  Consent of Heirs Not Required for Mineral Leases InDavis v. Prescott, 47,799 (La. App. 2 Cir. 2/27/13), 110 So.3d 625, the Louisiana Second Circuit Court of Appeal addressed whether a succession representative was able to grant a three-year mineral lease without the consent of the heirs. The Appellate Court reversed the decision of the trial […]

• Insurance & Casualty Litigation

  Legacy Reform Limits Liability

  • March 8, 2013
  • By Allen & Gooch
  

  With a history of extensive claims and monetary awards never being used to actually remediate property, the state has struggled with how to handle the environmental damage in legacy cases. New legislation hopes to ease the burden, particularly on business.