August 2010 Archives

August 31, 2010

Paul H. Due' Recognized by Louisiana Super Lawyers Magazine - 2011

Paul Due profile.jpgPaul H. Due' of the Baton Rouge, Louisiana Personal Injury law firm of Due', Price, Guidry, Piedrahita & Andrews has been named by Louisiana Super Lawyers magazine as one of the top attorneys in Louisiana for 2011. This is the fifth year in a row that Paul has been recognized. Only five percent of the lawyers in the state are named by Super Lawyers. The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers will reach more than 15 million readers. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

August 29, 2010

Drive Carefully Around Louisiana School Children

Louisiana State Police issued a reminder to Louisiana motorists to "drive with care and be especially aware of school zone speed limits, school buses loading or unloading children, and children walking or biking to school." Most school zones and reduced speed limits are in effect from 7:00 am to 9:00 am and 2:00 pm to 4:00 pm.

Louisiana State Police also remind Louisiana motorists that they must stop not less than thirty feet from a stopped school bus and wait for the bus lights to be turned off before proceeding. Passing a stopped school bus that is picking up or dropping off a child can result in substantial violations including suspension of your driver's license.

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August 26, 2010

Louisiana Motorcycle Wreck Caused by Illegal Left Turn on Highway 165 in Louisiana

A Kinder, Louisiana man on a Honda three-wheel motorcycle was killed on August 26, 2010 on U.S. Highway 165, when a 2004 GMC truck operated by a Lake Charles man allegedly made an illegal left turn across the motorcycle's path from the shoulder of the highway in an attempt to access a cross-over.

All too often motorcycle operators are injured or killed because vehicle operators "did not see" the motorcycle." This is no excuse. Vehicle operators are required to keep a proper look out and see all other vehicles on the road, including motorcycles.

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August 24, 2010

Louisiana Insurance Market Rebounds After Hurricanes Katrina, Rita, Gustav

Commissioner of Insurance Jim Donelon told the crowd at "The State of the Insurance Market in Louisiana: Five years Post-Hurricanes Katrina and Rita" that the insurance market in Louisiana is stable, though more expensive. Commissioner Donelon attributed the stabilization to the $30 Billion paid by insurers in the aftermaths of Hurricanes Katrina, Rita, and Gustav, and to new consumer protection laws enacted by the Louisiana Legislature. As a result of the claims paid, nearly every home in the direct path of the storms has a new roof and the general infrastructure has been strengthened. And most weak trees were downed by the storms and are no longer a hazard to policy holders.

Consumer protection laws include a two year prescriptive period in which to bring claims against insurers, limiting hurricane deductibles to one per year, and increasing LIGA's coverage limit for homes to $500,000. Other laws enacted that have strengthened the insurance market include a statewide building code and a percentage named storm deductible on homeowner's policies.

August 22, 2010

Judge Toni Higginbotham's Facebook Fan Page Exceeds 300 Fans in Less than Two Weeks

Judge Toni Higginbotham.jpgJudge Toni Higginbotham, candidate for the Louisiana First Circuit Court of Appeal, created a Facebook Fan Page to inform supporters more about her campaign activities. In less than two weeks, Judge Higginbotham collected an astonishing 308 Facebook fans.

Judge Toni Higginbotham Photo.jpgJudge Toni Higginbotham was first elected to the East Baton Rouge Family Court 14 years ago and has since presided over more than 30,000 cases involving important issues affecting the very core of our society, such as divorce, child custody, child support, property disputes, alimony, restraining orders, and domestic violence.

Don't forget to vote on October 2, 2010.

August 22, 2010

St. Charles Louisiana Natural Gas Explosion Causes Severe Burn Injuries

A St. Charles Parish woman burned last Wednesday in Paradis, Louisiana, has died as a result of her severe burn injuries. The victim was found by the local volunteer fire department outsider her home and was transported to the Baton Rogue General Mid-City Burn Center. Investigators believe natural gas piping in the kitchen leaked, resulting in a gas vapor explosion.

Since 1970, Baton Rouge, Louisiana has been fortunate to be the home of the Baton Rouge General Burn Center. The Burn Center cares for more than 800 burn victims every year suffering from flame, scald, electrical, chemical and other burn-related injuries. The burn center is one of only 125 specialized burn centers in the United States.

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August 20, 2010

Louisiana Yamaha Rhino Rollover Accident

Yamaha Rhino.pngOn August 20, 2010, another Yamaha Rhino rollover accident claimed the life a Louisiana woman and injured a Louisiana teenager. The accident occurred on La. Highway 124 around Harrisonburg, Louisiana. The Louisiana woman lost control of the 2004 Yamaha Rhino and exited the right side of the road, and then reentered the road and began rolling over.

The Yamaha Rhino is increasingly the subject of product liability lawsuits alleging instability because abrupt maneuvers or aggressive driving cause rollovers even on flat, open areas.

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August 19, 2010

Scott Andrews to Teach Insurance Law at Southern University Law Center

Scott Andrews Profile.jpgCarrying on the tradition of academic excellence at the Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews, Scott Andrews is teaching Insurance Law at the Southern University Law Center for the Fall 2010 semester. The Southern University Law Center serves one of the most racially diverse student bodies and provides opportunity to under-represented racial, ethnic, and economic groups. Scott Andrews joins the faculty ranks of the senior member of the firm, Paul H. Due', who previously taught at the Southern University Law Center, and the Of Counsel to the firm, David W. Robertson, who is the W. Page Keeton Chair in Tort Law at the University of Texas School of Law.

August 15, 2010

Louisiana Motorcycle Accident Claims Life of Minden, Louisiana Woman

A motorcycle accident in Bienville Parish, Louisiana, claimed the life of a Minden, Louisiana woman on August 15, 2010. The motorcycle accident occurred on U.S. Highway 80. A wet roadway from a recent rain is a suspected factor in the crash. According to the Louisiana Highway Safety Commission, there have been 29 deaths from Louisiana motorcycle accidents in 2010.

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August 10, 2010

Judge Toni Higginbotham Launches First Circuit Court of Appeal Campaign Website

Judge Toni Higginbotham.jpgJudge Toni Higginbotham, candidate for the Louisiana First Circuit Court of Appeal, launched her campaign website, www.judgehigginbotham.com, so voters can find out more about the judge and her Court of Appeal campaign. Election day is October 2, 2010!

Judge Toni Higginbotham is in her 14th year as judge of the Family Court of East Baton Rouge Parish, is the President of the American Judges Foundation, and she is on the Executive Committee of the Louisiana District Judges Association.

Judge Toni Higginbotham will bring a wealth of experience to the Louisiana First Circuit Court of Appeal, not only from her years on the Family Court, but from her experience as a school teacher, and from her service as counsel to the Police Jury Association of Louisiana, Vice-President of the Louisiana Housing Finance Agency, and Assistant Secretary of the Department of Urban and Community Affairs, and from her service to our community as a former Chairperson and Member of the Greater Baton Rouge Airport Commission, and as Member of the East Baton Rouge Library Board of Control and Crime Stoppers of East Baton Rouge.

August 7, 2010

Baton Rouge, Louisiana Trial Lawyer Selected for Inclusion in The Best Lawyers In America ®

Donald W. Price.jpgBaton Rouge, Louisiana trial lawyer, Donald W. Price, was selected by his peers for inclusion in The Best Lawyers in America ® 2011 in the fields of Personal Injury Litigation and Medical Malpractice. (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). Inclusion in Best Lawyers ® is based on an exhaustive peer-review survey in which more than 39,000 attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

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August 7, 2010

Baton Rouge, Louisiana Personal Injury Lawyer Selected Again for Inclusion in The Best Lawyers In America ®

Paul Due profile.jpgBaton Rouge, Louisiana personal injury attorney, Paul H. Due', was again selected by his peers for inclusion in The Best Lawyers in America ® 2011 for the seventeenth straight year (1995-2011), this time in the fields of Personal Injury Litigation and Products Liability. (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). Inclusion in Best Lawyers ® is based on an exhaustive peer-review survey in which more than 39,000 attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas.

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

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August 1, 2010

New 2010 Louisiana Traffic Laws and Criminal Offenses

Many new Louisiana traffic laws enacted during the 2010 Louisiana Legislative session will soon go into effect. Included in the new laws are the following:

-(effective August 15, 2010) Text messaging, using a wireless communication device while driving a motor vehicle, are now a primary offense for all Louisiana drivers. Now that the offense is primary, police officers may initiate a traffic stop for the offense alone, without having another reason to stop the motorist. The new law also prohibits persons 17 years of age or younger from operating a motor vehicle while using any "wireless telecommunications device", including cell phones, PDAs, laptops, pagers and similar communication devices.

-(effective January 1, 2011) the amount of time a minor with a learner's permit will spend in supervised "behind-the-wheel" training will be increased to fifty (50) hours, with at least fifteen (15) of those hours to include nighttime driving. Those drivers holding an intermediate license (unless accompanied by a parent or guardian, a licensed adult at least twenty-one (21) years of age, or a licensed sibling at least eighteen (18) years of age), are restricted from driving from 11 pm to 5 am. The law also restricts them from transporting more than one passenger that is under the age of twenty-one (21) and who is not an immediate family member.

-(effective August 15, 2010), persons riding bicycles upon a roadway with an improved shoulder, have the option of riding on that improved shoulder rather than in the lane of travel. The new law also states that every bicycle, when in use at nighttime on a state highway, parish road, or city street, must be equipped with a rear lamp that emits a red flashing light or a red light sufficient to be seen from within 100 feet to 600 feet to the rear. It also requires the use of a front headlamp at night.

-(effective August 15, 2010) driver's education courses are required to include information on sharing the road with pedestrians, bicyclists and transit vehicles.

-(effective August 15, 2010) synthetic cannabinoids are an illegal substance and are listed as a Schedule I drug under LA R.S. 40:966. This creates the crime of the unlawful production, manufacturing, distribution, or possession of prohibited plants and adds hallucinogenic substances to Schedule I Controlled Dangerous Substances.

-(effective August 15, 2010), drug free zones are expanded from 1,000 feet to 2,000 feet from designated properties.

-(effective August 15, 2010) carrying a concealed handgun on any school, school property, or school bus is prohibited, but concealed handgun permit holders are authorized to carry a concealed handgun within 1,000 feet of school property.

-(effective August 15, 2010) the crime of pornography involving juveniles is redefined and now includes the practice of "sexting" pornographic images of juveniles.

-(effective August 15, 2010) Cyber Bullying becomes a crime and is defined as the transmission of any electronic textual, visual, written, or oral communication with the malicious and willful intent to coerce, abuse, torment, or intimidate a person under the age of 18.