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Articles Posted in Motorcycle Accidents

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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 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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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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Louisiana Super Lawyers 2014 Lists Every Member of Dué Guidry Piedrahita Andrews Courrege L.C.

For the second straight year, Louisiana Super Lawyers has selected every member (Paul H. Dué, Kirk A. Guidry, Randy A. Piedrahita and B. Scott Andrews) of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C.. The reason each member has been selected for inclusions…

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Baton Rouge, Louisiana Personal Injury Law Firm Recognized by Best Law Firms – U.S. News & World Reports and Best Lawyers

For the fourth consecutive year, the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. has been recognized in the “Best Law Firms” rankings by U.S. News & World Report and Best Lawyers. The firm was recognized for 2014 in the plaintiff practice areas of…

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Punitive Damages are Available to Jones Act Seamen Under the General Maritime Law

In McBride v. Estis Well Service, 12-30714 (5th Cir. 10/2/13), the United States Fifth Circuit Court of Appeals held that Jones Act Seamen may recover punitive damages for their employer’s willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. Such breach reflects a reckless…

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