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Court Announces New Rule of Liability for Unsafe Truck Cargo

A Louisiana appellate court recently decided a case of first impression regarding the duties owed between a trucker and the shipper for the safe handling of cargo. The court ruled that the trucker bears the primary burden for safely handling the cargo, except for latent or concealed defects in the cargo. The Louisiana Third Circuit …


The Pitfalls of Fax Filing

Courts in Louisiana will scrupulously review fax-filed pleadings to ensure that the exact same pleadings are submitted both for the fax-filing and the “original” filing.  As one recent case demonstrated, simply correcting a typographical error in the original-filed copy could result in dismissal of the pleading and the dismissal of the entire case. The Louisiana …


Facebook: A Multi-Purpose Tool in Litigation

The majority of cases involving the discoverability of Facebook posts relate to damages or impeachment evidence in personal injury cases, as we have outlined in a previous post.  However, in a unique situation, a Facebook post served as an important piece of evidence that the plaintiff’s cause of action for damages from a defective medical …


Social Media Continues to Impact Litigation

Social media continues to influence not just the news, but litigation as well.  Courts recently have been forced to address the discovery and use of social media posts for impeachment purposes and in other substantive contexts. Since the firm posted Heather Reznik’s article “Discovery of Social Media Sites Explained” in September 2015, all three United …


U.S. Fifth Circuit Refines Test for Maritime Contract Determination

The U.S. Fifth Circuit recently announced a new, simpler test for determining whether a contract is maritime. Since 1990, the U.S. Fifth Circuit Court of Appeals has applied the multi-factor test found in Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 316 (5th Cir. 1990), in determining whether a contract is maritime and …