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Articles Posted in Medical Malpractice

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UM Coverage Can be Provided by Contract (in the Insurance Policy) or By Law (La.R.S. 22:1295)

Ashanti Green v. Michael Johnson, 2014-0292 (La.10/15/14), with Justice Hughes writing for the Louisiana Supreme Court, held that since the Allstate auto policy at issue contractually included UM coverage, the express provisions of the policy (or contract) governed whether UM coverage existed for the accident, and statutory UM coverage under…

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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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Best Lawyers in America® Recognizes Baton Rouge Lawyer Paul H. Dué

A lawyer from Dué Guidry Piedrahita Andrews Courrege L.C. is listed in The Best Lawyers in America© 2015. Paul H. Dué was selected by his peers for inclusion in The Best Lawyers in America© 2015 in the fields of Admiralty and Maritime Law, Personal Injury Litigation-Plaintiffs; and Product Liability Litigation-Plaintiffs.…

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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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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 Attorney General Files Consumer Protection Lawsuit Regarding Recalled Dialysis Drugs – GranuFlo and NaturaLyte

Louisiana Attorney General James “Buddy” Caldwell filed a lawsuit on June 27, 2014 with the 19th Judicial District Court for the Parish of East Baton Rouge against Fresenius Medical Care North America and its Louisiana dialysis clinics over the use of dialysis drugs, GranuFlo and NaturaLyte. The FDA issued a…

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Jury Dispenses Justice in West Baton Rouge Parish for Randy Piedrahita’s Client

On May 15, 2014, a West Baton Rouge Parish jury awarded $825,751 to a woman whose vehicle was rear-ended by an Entergy bucket truck. Baton Rouge attorneys, Randy Piedrahita and Don Cazayoux, argued the Entergy Bucket truck totaled forty-one year-old Lana Averette’s car, causing her significant injuries. “Two-thirds of the…

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Top 100 Trial Lawyers Recognizes Baton Rouge, Louisiana Lawyers

Louisiana trial lawyers, Paul H. Dué and B. Scott Andrews, of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. have been selected for 2014 membership in The National Trial Lawyers Top 100 Trial Lawyers. The National Trial Lawyers is a member-driven organization composed…

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