Blog2019-04-11T21:15:42+00:00

Tropical Storm Olga’s Winds and Rain Wreak Havoc in Louisiana

TROPICAL STORM OLGA’S STRONG WINDS AND RAIN WREAK HAVOC IN LOUISIANA   Louisianans, once again, endured nature’s wrath as Tropical Storm Olga moved across the Gulf Coast on October 25 and 26.  The heavy rains and wind gusts left many without electricity—some estimating that number to be 80,000—as down power lines and wind-blown trees caused disruption.   Those whose homes and businesses were damaged will [...]

PRESCRIPTION AND FIRST PARTY BAD FAITH INSURANCE CLAIMS

Louisiana's Supreme Court Speaks:  Prescription and First Party Bad Faith Insurance Claims   How long do you have to bring a bad faith claim against your insurance company?  Is it the one-year period applicable to tort claims or the 10-year period applicable to claims that sound in contract?   For some time, Louisiana courts have grappled with the issue and, in some cases, have reached [...]

LOMONT CASE AND ITS FUTURE APPLICABILITY

Lomont Case Summary and Its Future Applicability By Jordan Parker ​Certain cases only have an impact on the parties involved, and then there are cases with widespread implications. The landmark Louisiana legal malpractice case Lomont v. Bennett falls squarely in the latter category.   ​This case stems from the handling of divorce and related domestic matters. The client hired an attorney who was supposed to [...]

WHERE SHOULD I PURSUE MY LEGAL MALPRACTICE CLAIM

Where Should I Pursue My Legal Malpractice Claim?   In law, where you file a lawsuit can be just as important as what you file within the lawsuit. This legal concept is called venue. Venue is the “where” consideration involved in a lawsuit.   Venue is typically determined by who is bringing the action and what that cause of action consists of. “Venue” means the [...]

WHAT DO YOU DO WHEN AN EMPLOYEE’S MISTAKE AFFECTS YOUR CASE?

Vicarious Liability: What Do You Do When An Employee’s Mistake Affects Your Case? Even when liability comes from the conduct of another person, an attorney’s liability also can include negligence for the hiring or supervision of that person. This is where the concept of vicarious liability comes into play. The most common instance where vicarious liability is used is in matters of employment.   Vicarious [...]

Legal Malpractice Defenses

Legal Malpractice Defenses   When filing a legal malpractice claim against an attorney,be prepared for the attorney (and insurer) to fight back. Under Louisiana law, you must file suit within three years of the lawyer’s alleged act of malpractice, and within one year of actual or constructive knowledge of that malpractice.   One of the most common defenses is the argument that the malpractice claim [...]