What's New

  • Louisiana Supreme Court concludes that insurers can be held liable for bad faith damages under two separate sections of La. Rev. Statute 22:1973. Under Section A, an insurer can be found liable for a bad faith failure to settle a claim even if the insurer never receives a firm settlement offer. Under Section B, subsection 1, an insurer can also be held liable for failing to disclose “pertinent facts” to its insured. Kelly v. State Farm Fire & Casualty Company (May 2015).
  • Louisiana Supreme Court holds that there is no independent tort for negligent spoliation. Reynolds v. Bordelon (June 2015).
  • Louisiana district court sitting in Baton Rouge rules that the provisions of the Workers’ Compensation Act governing resolution of medical disputes by the Office of Workers’ Compensation Medical Director are unconstitutional. Appeal to be filed. Janice Hebert, et al v Louisiana Workforce Commission, et al (June 2015).
  • Louisiana appeals court rules that claimant committed workers’ compensation “fraud” based on surveillance video presented by the employer. Malone-Watson v Strategic Restaurants (June 2015).
  • Louisiana appeal court finds that work-related accident that occurred while claimant was cutting timber for a boat ramp less than 100 feet from a navigable waterway was governed by the State workers’ compensation system, not the federal Longshore Act. Hernandez v LWCC (June 2015).
  • Paula Wellons and Steve Perkins successfully overturn trial court’s ruling in favor of plaintiff in premises liability case. Bennette v. Brothers Avondale (April 2015).