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Community News
DateArticle
7/6/2016 In The News: BFC Attorney Richard Montgomery wins defense appeal for Sheriff Wiley - 1st Cir. Court of Appeal tosses plaintiff's lawsuit
   
Check out The Advocate's July 6th article here:
4/29/2016 BFC Lawyers named among Acadiana Top Lawyers
 
9/25/2014 Coreil presentation at Lafayette Paralegal Association Luncheon
  
3/5/2014 BFC Attorney Announcement
 
BFC Proud to Announce our Association with Joshua H. Dierker, Attorney
 
11/21/2013J. Daniel Siefker, Jr. to speak at Lafayette Paralegal Association Lunch Seminar 11/21/13
                       
4/3/2013 BFC Attorney Announcement
 
Law Updates
DateArticle
8/20/2015 test
 
5/1/2015 May 2015 Law Update
 

*Summaries courtesy of LADC Newsletter.*

ABANDONMENT

Plaintiff argued that a motion to fix and tax costs filed and served in 2012 can be considered a step in the prosecution or defense of the case by any party that interrupts abandonment as to all parties. The motion was filed by defendant, who was dismissed from this litigation in October 2010. A non-party’s seeking of costs is a step sufficient to interrupt...[READ MORE]
4/1/2015 April 2015 Law Update
 

Case summaries courtesy of Frank Maraist, La. Civil Law and Procedure Newsletter, March 23, 2015 edition

ABANDONMENT

Extrajudicial efforts such as informal and even extensive settlement negotiations between the parties are not sufficient to constitute a "step” for purposes of abandonment. Correspondences between the parties do not.....[READ MORE]
3/1/2015 March 2015 Law Update
 Summaries courtesy of Louisiana Association of Defense Counsel Newsletter, 2015 Vol. 3.

INSURANCE

In the absence of a statutory prohibition, a clause in an insurance policy fixing a reasonable time to institute suit is valid. The court thus rejects the notion that insurer’s inclusion of deadline filing dates that comply with the requirements of either La. R.S. 22:1311 or La. R.S. 22:868(B) made the filing deadline dates statutory, rather than contractual. Hence, the two-year time limitation to file suit imposed...[Read more]
2/1/2015 February 2015 Law Updates
 

Case summaries courtesy of Frank Maraist, La. Civil Law and Procedure Newsletter, January 21, 2015 edition.

LIMITED LIABILITY COMPANIES

In Nunez v. Pinnacle Homes, LLC, the Louisiana Third Circuit Court of Appeal held that a licensed contractor is a professional for purposes of Louisiana Revised Statute 12:1320(D), and, therefore, a breach of the contractor’s professional duty can render him or her personally liable [Read more]
1/1/2015 January 2015 Law Updates
 

Case summaries courtesy of Frank Maraist, La. Civil Law and Procedure Newsletter, December 19, 2014 edition.

ARBITRATION

The burden of proving a waiver of arbitration is on the party alleging the waiver.  Because of the strong public policy favoring the right to demand arbitration....[Read more]

12/1/2014 December 2014 Law Updates
 

FIRM SUCCESS: MATTHEWS v. JORY BONIN, ET AL, 120791

Charles Foret obtained a defense verdict on causation for Zurich American Insurance Company following a jury trial in Iberia Parish in October 2014. The plaintiff attempted to link a significant course of treatment (her medicals were $117,225) to a minor rear-end wreck.  A defense verdict on causation was rendered by a New Iberia jury. (Read more)

11/1/2014 November 2014 Law Updates
  The decedent was killed in a motorcycle accident while riding a motorcycle co-owned with another (the "co-owner”).  Neither the decedent nor the motorcycle met the policy definitions of "insured person” or "insured auto” under the liability section of the co-owner’s automobile insurance policy; however, the motorcycle met...(Read more)
10/1/2014 October 2014 Law Updates
  COURT COSTS; DEPOSITIONS

Code of Civil Procedure article 1433(B) provides for use of post-trial depositions in pending actions only if the trial court finds that the "perpetuation of testimony is proper” and issues an Order granting leave to take the deposition. Absent such an Order, the depositions should not be admitted at the hearing... (Read more)

9/1/2014 September 2014 Law Updates
 

INSURANCE/UM COVERAGE

Under R.S. 22:1295(f)(1) and the policy at issue, for a miss-and-run claim, a plaintiff must prove through an independent and disinterested witness that the injury was caused by the driver of another vehicle. The testimony of the investigating police officer was insufficient because (Read more)
8/1/2014 August 2014 Law Updates
 

ABANDONMENT

Interruption of the three-year abandonment period as to one defendant who is solidarily liable with the other defendants interrupts the accrual of abandonment as to all defendants....(Read more)

7/1/2014 July 2014 Law Updates
 

INSURANCE COVERAGE

The Louisiana Third Circuit of Appeal upheld an insurance policy’s first party collision coverage exclusion which precluded coverage over a loss occurring to an insured vehicle while the operator of the insured vehicle was driving with a blood alcohol....(Read More)
02/01/2014February 2014 Law Updates
  NEGLIGENCE

 

Louisiana law does not impose a duty on the sheriff to allow family members to participate in crisis negotiations, or more generally to assure the survival of a suicidal man who has locked himself in a car with a loaded shotgun pointed at his head. (read more)
12/1/2013 December 2013 Law Updates
 
MARITIME LAW
 

Defective portable offshore quarters building is not an "appurtenance” of a platform under 2008 amendments to La. Civ. Code Art. 466. Woods v. Apache Corp., 2013 WL 5673606 (E.D. La. Oct. 17, 2013). Platform owner, Apache, represented by Chris Zaunbrecher of this firm, obtained summary judgment dismissing "premises liability”...(Read more) 

11/1/2013 November 2013 Law Updates
  DAMAGES


A plaintiff may have a cause of action for violations of the public accommodations provisions of the Americans with Disabilities Act and may recover compensatory damages only in cases of intentional discrimination. The US Fifth Circuit requires a plaintiff to show that the discrimination was intentional, although most federal circuit courts addressing the issue of "intentional discrimination" have adopted a "deliberate indifference" standard. Under either standard, an award of compensatory damages....(READ MORE)

10/1/2013 October 2013 Law Update
         

Important Update Regarding Calculation of General and Special Damages

In a recent opinion, a Louisiana appellate court declined to extend the "collateral source” rule to an instance in which the plaintiff’s attorney paid a discounted rate for the plaintiff’s medical expenses. Hoffman v. 21st Century North American Ins. Co., 2013-0054 (La. App. 1 Cir. 9/13/13); 2013 WL 5176914. The appellate court also affirmed...(Read more)
6/1/2014 June 2014 Law Updates
 

INSURANCE

Where the policy excludes coverage for bodily injury or property damage caused by any covered person while engaged in commission of a crime, the claim of a plaintiff passenger injured in the vehicle when the insured crashed while fleeing from law enforcement is not covered; the willingness or unwillingness of the passenger to participate in the crime....(Read more) 
9/1/2013 September 2013 Law Updates
         

INSURANCE

Three employees standing near the employer’s truck were "users” of the truck when struck by another motorist. Their use of the truck related to its inherent purpose. The truck was integral to their work of cleaning up a cemetery, and they were in the process of using their truck to take the tools and trash they had gathered to another part of the cemetery....(Read more) 
8/1/2013 August 2013 Law Update
  INSURANCE

R.S.22:1266 requires that when cancellation is for non-payment of premium, at least 10 days' notice of cancellation, accompanied by the reason for the cancellation, must be given.  There is no requirement in the statute that the premium be in default when the notice is sent.  Lewis v Coleman, Second Circuit, No. 48,173-CA (6/26/13)

When an action is "brought” (i.e., commenced) against both the insured and the insurer, the six circumstances enumerated in R.S. 22:1269 (B)(1)(a)-(f)—insolvency, family relationship, insurer is UM carrier,..... (Read more)

7/1/2013 July 2013 Law Update
 

 

       
6/1/2013 June 2013 Law Update
 
5/1/2013 May 2013 Law Update
 
5/1/2014 May 2014 Law Updates
 

PROCEDURE

Summary Judgment

A trial court does not have the discretion to grant a motion for summary judgment for a nonmoving party. Burrows v Executive Property Management Co., Fourth Circuit, No. 2013-CA-0914 (3/12/14)

The appellate courts are in disagreement...(Read more)
4/1/2013 April 2013 Law Update
 
4/1/2014 April 2014 Law Updates
         

INSURANCE; UM COVERAGE

The U.S. Fifth Circuit concludes that Louisiana UM statute may apply to an accident occurring out of state, and that a forklift may be an uninsured motor vehicle for the purposes of the Louisiana statute, La. R.S. 22:1295. Boyett v. Redland Insurance Co., ___ F. 3d ___ (5th Cir. 1/27/14). ....Read more

3/1/2014 March 2014 Law Updates
 
Discovery and Healthcare Provider Privilege
 
In LaBarrera v. Boyd Gaming Corp., the Third Circuit found that the healthcare provider privilege afforded by Louisiana Code of Civil Procedure article 510 was violated whenever an employee of the defense counsel engaged in ex parte communications with one of the plaintiff’s treating physicians ...(Read More)
2/27/2013 February 2013 Law Update
 
1/8/2013 January 2013 Law Update
 

   

 

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