Tag: Louisiana First Circuit Court of Appeal

• 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. […]

• Insurance & Casualty Litigation

  Invalid UM Selection Form May Supersede Previous Forms

  • May 11, 2016
  • By Allen & Gooch

  A recently decided First Circuit Case has held that an insurer may not “pick and choose” which UM Selection Form to enforce. In the particular case, the insurer first argued that a 2009 UM Selection Form precluded recovery under a UM Policy. It was ultimately determined that issues of fact remained as to whether UM […]

• Insurance & Casualty Litigation

  Spotting and Successfully Defending Claims Against Malingerers

  • May 4, 2016
  • By Allen & Gooch

  Patients who malinger, or exaggerate illness, can be a problem for health and claims management professionals. Malingering is defined by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition-Text Revision (DSM-IV-TR) as the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding work or military duty; […]

• Workers' Compensation

  Workers Comp: Employee’s Right to Select a Treating Physician

  • April 2, 2014
  • By Allen & Gooch
  

  First Circuit Rules that Employee’s Right to Select a Treating Physician is Mandatory In Nelson v. Windmill, the court found that LSA-R.S. 23:1121B(1) made an employee’s right to select a treating physician mandatory and without exception. The First Circuit added that there was no time frame for exercising that right and there is no requirement […]

• Construction Law

  Contractors Beware: Negligent Professional Services Create Liability

  • August 30, 2013
  • By Emile Joseph
  

  UPDATE: THE LOUISIANA SUPREME COURT HAS REVERSED THE APPELLATE COURTS ON THIS ISSUE.  CLICK HERE TO READ MORE. No Matter What Type of Entity You Choose, You Can Still be Personally Liable for Negligent Professional Services Limited Liability Companies (LLC’s) generally offer their members insulation from personal liability.  This means that a court cannot order […]