Tag: Louisiana Fourth Circuit Court of Appeal

• Workers' Compensation

  Are Franchisee’s Entitled to Workers’ Compensation Benefits?

  • July 25, 2016
  • By Allen & Gooch

      Who is entitled to Workers’ Compensation Benefits? The Workers’ Compensation Act provides an exclusive remedy for an employee against his employer or co-employee where the terms of the statute are met. The compromise allows the injured employee to recover benefits pursuant to the statute, but the employer (and/or co-employee) will be immune from […]

• 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. […]

• 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; […]

• Business Litigation

  Personal Liability for LLC Members

  • February 8, 2016
  • By Allen & Gooch

  Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]

• Construction Law

  Strict adherence to bidding policies required for public contracts

  • March 7, 2014
  • By Allen & Gooch
  

  In a recent Fourth Circuit case, two unsuccessful bidders on a project filed separate actions seeking injunctive relief against the city regarding the bidding process for the Harrison Avenue Streetscape Project public contract. Command Const. Indus., L.L.C. v. City of New Orleans, 13-0524 (La. App. 4 Cir. 10/23/13), 126 So. 3d 716, 720. The unsuccessful […]

• Workers' Compensation

  Workers Compensation Defense: the Unwitnessed Accident

  • October 8, 2013
  • By Allen & Gooch

  What should an employer do in a Workers Compensation defense case where there are no witnesses to corroborate the employee’s story of an accident?