Tag: Louisiana Fifth Circuit Court of Appeal
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Employment Law & Litigation
Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana
- March 13, 2017
- By Allen & Gooch
In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana. — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]
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Insurance & Casualty Litigation
UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English
- April 27, 2016
- By Brent Carriere
Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English. […]
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Construction Law
New Home Warranty Act – Plumbing vs. Structural Defects
- March 9, 2016
- By Allen & Gooch
In a recent Fifth Circuit case, Plaintiff’s filed suit under the New Home Warranty Act (NHWA) against the builder of their home. Campo v Sternberger, Fifth Circuit, 15-CA-52 c/w 15-CA-53 (11/19/15). The Trial Court found that the builder breached his warranty that the house would remain free of major structural defects as required under the New Home Warranty […]
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Workers' Compensation
Applying Louisiana Workers’ Compensation Law to Out-of-State Work Accident
- January 18, 2016
- By Allen & Gooch
Louisiana Workers’ Compensation laws can be applied to work injuries that occur while an employee is working outside of Louisiana. Louisiana Revised Statute 23:1035.1 provides extraterritorial coverage to an employee injured while working outside the territorial limits of Louisiana. Specifically, this statute provides in pertinent part: (1) If an employee, while working outside the […]
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Employment Law & Litigation
Court Highlights Importance of Drafting Consistent Employment Policies
- April 21, 2014
- By Allen & Gooch
Vacation Time Owed Must be Calculated When Employment Ends In Grady v. Choices of Louisiana, Inc., — So.3d — (La. App. 5 Cir. 3/12/14), Plaintiff Tisha Grady was hired as a licensed practical nurse with Choices of Louisiana, Inc., an opioid treatment center. Ms. Grady was hired before July 1, 2010, and she was eligible […]