Rosie

Trucking Company’s Bad Safety Scores Not Proof of Irresponsibility

Trucking /

The U.S. Fifth Circuit recently upheld the dismissal of a personal injury lawsuit against a trucking company that contracted with another trucking company with high BASIC scores in unsafe driving, fatigued driving and maintenance. The plaintiffs in the lawsuit were injured in a collision with a truck operated by A&Z Transportation in November 2011. The […]

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Ordinance or Law Provision Requires Renovations to Undamaged Building, according to Fifth Circuit

Insurance /

The U.S. Fifth Circuit recently interpreted an “Ordinance or Law” provision of an insurance policy under Louisiana law, holding that the provision required an insurer to pay for renovations to buildings at a property site that were not damaged in a fire in one of the other buildings at the site. Houston Specialty Insurance Company

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OCSLA Covers Auto Accident, Says Benefits Review Board

Maritime /

The Benefits Review Board, the appellate arm overseeing the administration of the Longshore Act and its extensions, recently examined an important U.S. Supreme Court decision involving injuries related to offshore oil and gas production. The Board found coverage under the Outer Continental Shelf Lands Act (“OCSLA”) for an offshore worker injured in an accident while

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Medical Expense Write-Offs Not Recoverable, Says Louisiana High Court

Litigation /

The Louisiana Supreme Court recently announced a “bright-line” rule that a write-off from a medical provider, negotiated by the plaintiff’s attorney, is not covered by the collateral source rule and cannot be recovered by the plaintiff. In Hoffman v. 21st Century North America Ins. Co., 2014-2279 (10/2/2015), the Court considered a case with clear evidence that the

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Bruce Hoefer Speaks at Attorney General’s Seminar

Firm News /

Bruce Hoefer delivered a presentation to 200 attorneys at the Louisiana Attorney General’s Annual Continuing Legal Education Seminar in September. The program was “How to Avoid the Highlight Reel,” an interactive seminar focusing on deposition techniques, particularly in preparing a witness for deposition. The distinguishing feature of the presentation was actual video clips from depositions

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Discovery of Social Media Sites Explained

Litigation /

Social media websites, such as Facebook, Instagram, and Snapchat, offer significant information which may provide valuable impeachment evidence in lawsuits filed by personal injury plaintiffs. This information includes references to a plaintiff’s physical condition and injuries both prior and subsequent to a subject accident, daily activities, and the subject accident itself. However, information from the

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