What's New

  • Jen O'Connell accepted a position on the Board of Directors for the Mental Health Association of Baton Rouge. Jen is excited to work with an organization so integral to our local community!

  • Congratulations to Partner Jen O'Connell on her admission to the Texas Bar. Jen was admitted to practice in Louisiana in 2012 and looks forward to working in this new jurisdiction.

  • TWPD welcomes three new partners so its growing firm! Samantha Griffin joins the New Orleans office. Jeremy Hawk and Leah Ledford joined the firm's office in Jackson, Mississippi.

  • Ginny Deliman was named one of Mississippi’s 2018 Most Prolific Trial Attorneys! Ginny won four jury trials and one bench trial in 2018.
  • Congratulations to TWPD attorneys Mark Hebert and Ginny Deliman for successfully defending their client all the way to the Mississippi Supreme Court! A dispute involving the development of leased property in downtown Jackson spanned years with a developer seeking $10 million in damages for breach of lease. TWPD prevailed at the trial level three years ago and continued fighting for our client until the Supreme Court confirmed the favorable ruling.
  • In May of 2019, the Fourth Circuit affirmed summary judgment in favor of a TWPD client, ruling that the Louisiana’s Transportation Network Company statutes do not obligate insurers to provide uninsured motorist coverage during “Period 1,” i.e. when the independent transportation driver has logged into the rideshare app and is available to receive requests but has not yet accepted a request through the rideshare app. Arguing on behalf of James River Insurance Company, TWPD demonstrated that neither the text of the law, La. R.S. 45:201.6, nor its legislative history mandates UM coverage, but instead permits transportation network companies to waive UM coverage if they so choose. The panel unanimously accepted the insurer’s position.
  • In March of 2019, the Fourth Circuit affirmed a favorable fraud decision from OWC District 7, finding the claimant forfeited his right to workers' compensation benefits based on both Section 1208 and Section 1208.1 fraud. The decision was based on evidence that the claimant denied prior a prior back injury and medical treatment during litigation despite medical evidence to the contrary. The claimant also failed to disclose this prior back injury and treatment on the Employer's SIF questionnaire. Despite claiming the prior injury "wasn’t that serious," the trial court's findings of fraud and forfeiture of benefits was upheld on appeal.
  • TWPD recently secured dismissal of a workers’ compensation claim following an Exception of Prescription in OWC District 7. The claimant never received workers’ compensation benefits due to an alleged injury. She filed suit more than one year later arguing that her injuries were “developmental” and subject to a two year statute of limitations. The OWC judge rejected these arguments because the medical evidence proves the claimant’s injuries manifested themselves immediately after the accident. Accordingly, she was on notice of her claim for benefits and the one year statute of limitations applied.
  • Mississippi Workers' Compensation Note: For injuries occurring on or after January 1, 2019, the weekly maximum compensation rate has been raised to $494.48 and the lifetime disability maximum is $222,516.00. Mileage incurred on or after January 1, 2019, should be reimbursed at the rate of $0.58 per mile.
  • Louisiana Workers’ Compensation Note: For injuries occurring between September 1, 2018 and August 31, 2019, the maximum compensation rate is $665.00 and the minimum compensation rate is $177.00. Mileage incurred between these same periods should be reimbursed at a rate of $.54 per mile.
  • TWPD secured a defense verdict during a trial in State Court. The plaintiff alleged that a large communal dumpster was placed too close to the roadway by a waste company and caused an accident with injury. After a three day trial, the 12 person jury rendered a unanimous verdict in favor of the defense, rejecting liability. TWPD also secured a judgment against Plaintiffs for costs.
  • TWPD attorneys are hard at work in the community. Jen O’Connell is the chair of Boys & Girls Club’s Great Futures Gala which will take place March 23, 2019 in Baton Rouge, Louisiana. Fellow attorney Lacey Sanchez was selected to be an Honoree at the gala and has raised over $3,000 for the non-profit organization
  • TWPD recently obtained summary judgment in OWC District 3. The claimant had a long history of prior injuries and workers’ compensation claims. The claimant then slipped and fell at work claiming an “aggravation injury.” TWPD utilized the testimony of the claimant’s own doctors she was no longer entitled to future medical treatment related to the workers’ compensation claim.
  • TWPD won summary judgment and obtained dismissal of a case in State Court on the grounds that the defendant driver was outside the course and scope of his employment with the insured at the time of the accident. TWPD argued, and the court agreed, that the defendant driver’s actions during his lunch break were not so closely connected in time, place, and causation to his employment duties to be regarded as a risk of harm fairly attributable to the insured’s business.
  • TWPD won summary judgment and obtained dismissal of a case in State Court on the grounds that a used car dealership was not liable for the plaintiff’s injuries. The State Court determined that a one-time payment to a relative to wash a car did not create an employment relationship, and the insured was not vicariously liable for the relative’s actions during an unauthorized joyride in the vehicle to pick up a girl
  • The Louisiana First Circuit Court of Appeal recently ruled that plaintiffs may not forum shop by filing suits in multiple venues and then transferring and consolidating in the court of their choosing. In this case, multiple plaintiffs who were passengers in the same vehicle filed in different jurisdictions within hours of each other, and later attempted to have the suits consolidated in one judge’s court.