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Articles Posted in Louisiana Personal Injury Law

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LOUISIANA MEDICAL MALPRACTICE ACT FAVORS A LAYMAN PLAINTIFF’S ACCESS TO MEDICAL EXPERTISE

Medical malpractice claims governed by the Louisiana Medical Malpractice Act originate with the filing of a request for review of the medical malpractice claim by a Medical Review Panel. The request for review must be filed with the Louisiana Division of Administration and shall contain, at a minimum, all of…

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Super Lawyers 2016 Recognizes Louisiana Injury Lawyers

Super Lawyers 2016 selected every member (Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews L.C. for inclusion in the 2016 Louisiana Super Lawyers list in the practice area of Personal Injury. Super Lawyers is…

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Governor John Bel Edwards Will Put Louisiana First

Congratulations to our newly elected Governor – John Bel Edwards!! As a faithful husband, dedicated father, unwavering public servant, proud veteran, humble man of religion, and small business owner, John Bel Edwards will be a Governor who will finally put Louisiana families and Louisiana workers first and get us back…

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Best Law Firms® Recognizes Baton Rouge law firm Dué Guidry Piedrahita Andrews Courrege L.C.

Since its inception, Best Lawyers® and U.S. News & World Report Best Law Firms® rankings have recognized the Baton Rouge, Louisiana law firm of Dué Guidry Piedrahita Andrews Courrege L.C.. For 2015, Best Law Firms recognizes Dué Guidry Piedrahita Andrews Courrege L.C. in the following four practice areas: (1) Personal…

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No Duty To Warn Against Dangerous or Defective Conditions that are Obvious and Apparent to All

Bufkin v. Felipe’s Louisiana, LLC, 2014-0288 (La.10/15/14), with Justice Hughes writing for the Louisiana Supreme Court, granted summary judgment in favor of a contractor because the contractor owed no duty to warn of the obstruction presented to pedestrians by a pick-up sized dumpster, a large inanimate object visible to all,…

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Private Cause of Action Exists in Louisiana for Prohibited Balance Billing by Medical Providers

The Louisiana Supreme Court held that a patient has (1) an implied private right of action for damages against a health care provider under the Health Care and Consumer Billing and Disclosure Protection Act, La. R.S. 22:1871, et seq., “Balance Billing Act”); and (2) an express direct right of action…

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Claims-Made-And-Reported Insurance Policy Reporting Requirement Does Not Violate Louisiana Public Policy

While insurance policies are executed for the benefit of all injured persons, such protection is limited by the terms and limits of the policy. On July 1, 2014, the Louisiana Supreme Court in a 4-3 decision, held that the reporting provision in a claims-made-and-reported policy is a permissible “term and…

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Suspension of Prescription for Putative Class Members in Louisiana

The Louisiana Supreme Court in a 4-3 decision held that La. Code Civ. P. art. 596A(3) continues to suspend prescription for putative class members when a class action filed in a Louisiana state court is removed to federal court. Tenesha Smith v. Transport Services Company of Illinois, 2013-2788 (La. 7/1/14).…

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Forum Selection Clauses are Not Per Se Violative of Louisiana Law

The Louisiana Supreme Court held that forum selection clauses are not per se violative of public policy in Louisiana. Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc. of Louisiana, 2013-1977 (La. 7/1/14). Specifically, a plurality of the Louisiana Supreme Court (three Justices agreeing with the opinion and one Justice…

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Louisiana Employers Allowed to Ignore Unsafe Work Practices That are Highly Probable to Cause Injury to Innocent Employee Victims

In two recent per curiam decisions, the Louisiana Supreme Court protected employers who exposed their workers to high probability of harm from known unsafe working conditions by applying the “inevitability” test for determining whether a work place injury caused by an employer was intentional. In both cases, the Supreme Court…

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