Client RESOURCES

In the News

April 16, 2020, the firm’s Mississippi attorneys successfully obtained summary judgment in favor of a local restaurant.

On April 16, 2020, the firm’s Mississippi attorneys successfully secured summary judgment in favor of a local restaurant. The plaintiff alleged an allergic reaction to tacos while dining out. Her first known medical treatment occurred one month later when she was diagnosed with uterine fibroids which she claimed was related to her allergic reaction. The plaintiff sought over $130,000 in special damages. During discovery, the plaintiff admitted she had no evidence the tacos she ate contained alleged allergens and she had no proof her fibroids were causally related. Thus, the firm’s motion for summary judgment was granted.

March 12, 2020, the firm’s Mississippi attorneys secured summary judgment regarding a bad faith claim against a subcontractor.

TWPD’s Mississippi attorneys won a critical motion for summary judgment for the firm’s client, a construction surety company.  The surety sued its principal, a roofing subcontractor, for indemnity under performance and payment bonds which the surety was called upon to pay on behalf of the subcontractor.  The subcontractor counterclaimed and alleged bad faith in the surety’s investigation and payment of the bond claims.

The surety prevailed on its claim for indemnity and in defeating the counterclaim through summary judgment as well. TWPD’s client obtained a $500,000 judgment and has applied for an additional $128,000 in attorney’s fees. The U.S. District Court also granted the surety’s Daubert motion to exclude the subcontractor’s bad faith expert, knocking him of the expert witness business.  The surety’s CEO sent a memo to all of its subsidiaries nationwide applauding TWPD for its excellent work and successful outcome.

In March of 2020, the firm successfully defeated a bad faith claim against a UIM carrier.

In March of 2020, the firm successfully defeated a bad faith claim at the trial level and before Louisiana’s Third Circuit Court of Appeal. After suit was filed, the plaintiff attempted to amend his petition and assert a bad faith claim against our client under La. R.S. 22:1982 and 22:1973. The firm moved to strike the amended petition on the grounds it was filed without reasonable grounds. The trial court agreed and granted the motion to strike which was also upheld on appeal.

Mississippi’s legislature recently enacted law addressing landowner liability for intentional torts of third parties.

Mississippi’s legislature recently enacted legislation addressing landowner liability for intentional torts of third parties on their premises. Under the old law, a person injured by a third party could sue the landowner if the owner had actual or constructive knowledge: 1) of the assailant’s violent nature; or 2) that an atmosphere of violence existed on the premises. The landowner was not permitted to apportion fault against the third-party assailant.

Under the new law, a plaintiff must prove: 1) that similar violent conduct occurred on the property three or more times within three years prior to the incident; 2) the three separate events must have resulted in three or more felony arraignments of the perpetrator; 3) the landowner must of had actual knowledge of the perpetrator’s violent nature; and 4) the jury can approption fault between the landowner and the perpetrator of the violent act.

Louisiana Newsletters

Workers' Compensation

June Workers' Compensation Newsletter

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April Workers' Compensation Newsletter

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March Workers' Compensation Newsletter

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February Workers' Compensation Newletter

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General Liability

May General Liability Newsletter

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March General Liability Newsletter

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February General Liability Newsletter

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Mississippi Newsletters

Workers' Compensation

General Liability

May General Liability Newsletter

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Louisiana Workers' Compensation Resources

AWW Rates for Louisiana

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Form 1010A

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When used properly, the Form 1010A can ensure doctors are providing all necessary information and complying with the MTG.

Judicial Interest Calculator

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If you have any questions about how to calculate judicial interest, please give us a call.

Second Injury Fund Questionnaire

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Using SIF Questionnaires can be a pivotal part of the employment and workers’ compensation process. Call us with any questions.

Second Injury Fund

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Second Injury Fund, when pursued properly, can help offset costs of expensive claims involving workers with pre-existing conditions and also serve as the basis of a 1208.1 fraud claim.

OWC Districts Directory

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New 2020 Pain Management Guidelines

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These guidelines contained some marked changes in the area of pain management.

Mississippi Workers' Compensation Resources

AWW Rates for Mississippi

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Benefit Rates

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Lump Sum Computation

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Seminars

Our lawyers frequently present seminars before risk and management teams for insurance companies and other corporations across the country on a variety of legal topics. These seminars are regularly approved for CE/CLE credits by several states. Here is a list of our most recent seminars:

Trends in LA - Brain Injury and Punitive Damage Claims

State Approved Adjusters:

AZ, GA, TX, NH, CT, FL

Recent Updates in Handling Transportation Claims

State Approved Adjusters:

LA, TX, OH

XL Catlin General Liability and Auto Lunch and Learn

State Approved Adjusters:

LA, TX, NC

Fighting the Trends in Personal Injury Litigation

State Approved Adjusters:

LA, TX, NC, DE, FL

Recent Developments in Claims Handling

State Approved Adjusters:

LA, TX

Every T Crossed and Every I Dotted

State Approved Adjusters:

MS

The Definitive Accident

State Approved Adjusters:

LA

Defending General Liability and Workers' Compensation Claims

State Approved Adjusters:

LA, TX, NC

Auto Claims: Know the Law and Avoid the Traps

State Approved Adjusters:

LA, TX, MS

General Liability and Auto Lunch and Learn

State Approved Adjusters:

LA

Use of OWC Form 1002 and The Safe Harbor

State Approved Adjusters:

LA, TX, MS

Traumatic Brain Injury

State Approved Adjusters:

AZ, GA, NH, NJ, LA, TX, CT, PA

How to Handle Auto Third-Party and UM/UIM Claims in Louisiana

State Approved Adjusters:

LA, TX, NC

How to Successfully Mediate a Case

State Approved Adjusters:

NC

Updates in Louisiana Law

State Approved Adjusters:

LA, TX, CT, NC

Recent Developments in Louisiana General Liability Law

State Approved Adjusters:

NC

Workers' Compensation in Louisiana

State Approved Adjusters:

LA

Recent Developments in Louisiana General Liability Law and in Medicare Reporting Guidelines

State Approved Adjusters:

NC

Updates in Trucking Law and Investigating an Accident 101

State Approved Adjusters:

LA