Tag: Louisiana Third Circuit Court of Appeals

• Insurance & Casualty Litigation

  UM Rejection Forms – Requirements & Duration

  • March 15, 2017
  • By Brent Carriere

  Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains.   According to the UM statute, the rejection […]

• 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 Litigation

  Arbitration Strongly Favored by Louisiana Third Circuit Court

  • November 8, 2013
  • By Allen & Gooch
  

  Arbitration Decisions Often Binding Under Louisiana Law In Detraz v. Banc One Securities Corp., et. al., 2013-191 (La. App. 3 Cir. 10/9/13), — So.3d —, the plaintiff appealed the trial court’s confirmation of an arbitration award. The Appellate Court affirmed the decision of the Fifteenth Judicial District Court highlighting the binding nature of arbitration decisions […]

• Insurance & Casualty Litigation

  Six Requirements for a Valid UM Rejection Form

  • September 11, 2013
  • By Brent Carriere

  Although here is s prohibition against altering or modifying UM rejection forms, identical forms can be valid and enforceable waivers of UM coverage.

• 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 […]

• Business Litigation

  Court Of Appeals Rules On Valuation Of Minority Stock

  • April 20, 2010
  • By Allen & Gooch

  Guidance on How to Value Minority Stock The Louisiana Third Circuit Court of Appeals recently clarified the valuation method available to minority shareholders who dissent to the valuation of their shares in a short form merger. In Duncan v. Moreno Energy, Inc., Third Circuit, No. CA 09-1033 (3/10/10), the minority shareholders of Moreno Energy Services, […]