Tag: Louisiana Third Circuit Court of Appeal

• 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 […]

• 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 […]

• 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 […]

• 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 […]

• Insurance & Casualty Litigation

  No coverage for Accident Occurring During Crime

  • June 25, 2014
  • By Allen & Gooch
  

  Exclusion Covers Personal Injury Coverage for Accidents That Occur in Commission of a Crime In the recent decision of Trumps v. USAgencies Cas. Ins. Co., No. 14-25 2014 WL 1815376 (La. App. 3rd Cir. 5/7/214), the Third Circuit Court of Appeal for the State of Louisiana upheld an exclusion in automobile insurance policy which excluded […]

• Business Litigation

  Appellate Courts Maintain Narrow Use of Unjust Enrichment Claims

  • November 5, 2013
  • By Allen & Gooch

  Third Circuit Limits Use of Unjust Enrichment and Breach of Contract In the recent decision of Crowded Cabin, LLC v. TKLL Hebert, LLC, 2013-208 (La. App. 3 Cir. 10/30/13), — So.3d —, the Third Circuit Court of Appeal sustained an Exception of No Cause of Action holding that the plaintiff, Crowded Cabin, LLC, had not […]