Louisiana Lawyer Blog

State transportation officials began the next phase of its 22 ½ mile project to a build cable barrier along I-10's median between Baton Rouge and New Orleans. Studies suggest that cable barriers are an effective means of preventing deadly crossover crashes.

Crossover accidents can occur when a driver loses control of his vehicle, and the vehicle crosses over the median into oncoming traffic. Common causes of these accidents include speeding, distracted driving, drunk driving, unexpected changes in road conditions, or hydroplaning. All too often, in a crossover accident, an innocent driver's vehicle is struck by an unexpected oncoming vehicle, resulting in serious injury or even death.

In the past, crossover crashes have been a major cause of highway fatalities in Louisiana. However, these cable barriers appear to be a step in the right direction for protecting Louisiana drivers. State troopers reported an almost immediate reduction in crossover accidents since the installation of the first installment of the cable barrier along I-10. According to state officials, the existing cable barrier on I-10 already reduced crossover accidents by 100 percent.

Continue reading "Louisiana DOT to install more cable barriers on I-10" »

An Amtrak Train carrying over 70 passengers derailed in Michigan this week after colliding with a large truck that was stuck on its tracks. The accident sent 10 people to the hospital. This accident follows a string of recent Amtrak crashes over the past year, including two Louisiana Amtrak accidents that occurred in less than 24 hours last April.

In 2011 alone, there were over 10,000 train accidents in the United States. Many of these accidents occur at railroad crossings. Railroad crossings can be extremely dangerous junctures and often present challenging legal questions. As a common carrier, train operators are required by law to exercise a greater duty of care when operating the train. Nevertheless, it is often difficult to pinpoint the negligent actor in a railroad crossing accident.

Continue reading "Derailed Train Causes Injuries" »

Authorities continue to search for the cause of the tragic Italian cruise ship accident that injured and killed several passengers. The Italian liner suspiciously ran aground and rolled on its side last month. In a public statement, Costa Cruises, the ship's owner, alleged that captain error caused the fatal disaster.

Although cruise ship accidents are uncommon, cruise ships pose hidden dangers. All too often, an error on the part of the ship's captain or crew can lead to harmful consequences. Cruise ships typically transport large groups of people in a confined space, increasing the possibility for serious injury. For this reason, cruise ship companies have a duty to adequately screen and train all employees, especially ship captains. A liner's captain and crew are also under a duty to safely navigate, operate and maintain the ship while at sea. If these employees fail to maintain reasonably safe conditions on the ship, in certain circumstances the company may be held legally responsible for a passenger's injury.

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Almost two years after the anniversary of the BP Oil Spill, reports indicate that deep gulf drilling in the Gulf of Mexico is flourishing once again, with oil companies drilling deeper than ever before. Oil companies believe that deep fields in the Gulf of Mexico may contain enough oil to meet the United States' energy needs for almost two years.
Although deep gulf drilling poses economic benefits, widespread deep gulf drilling also raises concerns about offshore worker safety. As seen in the aftermath of the BP Oil Spill, deep gulf drilling poses even greater safety risks for offshore workers and the environment. Oil companies already have a legal responsibility to maintain safe working conditions for their workers. However, the deeper the drilling, the greater the need for oil companies to maintain adequate safety equipment and procedures.

In the event of an offshore accident, the Longshore and Harbor Workers' Compensation Act (LHWCA) protects certain maritime workers who sustain injuries on the job. The statute is a workers' compensation scheme that provides financial assistance to an injured offshore worker for his wages, reasonable medical expenses and vocational rehabilitation. The statute also protects injured workers from unjust termination or retaliation.

Continue reading "More Drilling May Equal More Injuries" »

An investigation following the 40-vehicle pileup in New Orleans East this month revealed that the city's street lights on the interstate near the scene of the accident were not functioning properly, according to a New Orleans city spokesperson. The pileup killed two people and injured over 50. Investigators believe that low visibility due to fog, poor lighting and possible smoke from a marsh fire caused the pileup.

This tragic accident demonstrates the role that a city's negligence can play in causing a motor vehicle accident. A person injured in a motor vehicle accident may sue a municipality under limited circumstances when the city's negligence caused the accident. In determining whether a city may be held liable for an accident in comparative fault regimes like Louisiana, the city's negligence need not be the sole cause of the accident but must in some way be linked to the cause of the accident. Generally, cities can be held legally responsible for a motor vehicle accident if there is inadequate lighting, poor road conditions, improper signs or malfunctioning street signals.

Continue reading "Deadly New Orleans 40-vehicle pileup could implicate municipality liability " »

This month a former worker sued the Lafayette Housing Authority for back wages, claiming that she was wrongfully terminated in violation of her employment contract. This lawsuit marks the fourth lawsuit against the organization by former contract workers. As of now, two lawsuits have been settled for a total of $40,000.

In Louisiana, most employees are at-will employees. This designation means that an employer can terminate an employee for any lawful reason, with or without cause. Nevertheless, an action for wrongful termination arises if an employer fires an employee in violation of a protected legal right.

An employee's legal rights may arise by contract or by operation of law. For example, if an employee has a contract with an employer, termination in violation of the contract could violate the employee's contractual legal rights and give rise to a wrongful termination claim. As another illustration, if an employer fires an employee on the basis of race, color, sex, religion, or national origin, an employer may be in violation of federal and state employment discrimination statutes.

Continue reading "Lafayette Housing Authority Suit" »

This week Bank of America agreed to pay $335 million to people across the United States to settle claims of consumer discrimination. The Department of Justice (DOJ) and the Illinois Attorney General sued Bank of America, alleging that the bank's recently acquired Countrywide Financial Unit offered mortgages to black consumers on less favorable terms than white consumers. According to the DOJ, this settlement is the largest ever settlement in a residential-fair-lending lawsuit.

In the lawsuit, the DOJ alleged that it found a pattern or practice of discrimination against black consumers, where over 200,000 black consumers were offered higher mortgages rates than their white counterparts. The DOJ also found evidence of sub-prime predatory lending in over 10,000 cases. The bank claims that this lending occurred prior to the bank's involvement with the Financial Unit.

Continue reading "Consumer Discrimination Settlement Announced" »

The Louisiana Supreme Court recently ruled that a plaintiff bringing a legal malpractice suit does not need to first appeal his original case prior to filing a legal malpractice suit against his attorney. The Court also stated that expert testimony is not always required to prove a legal malpractice claim in the state. The Court's holding simplifies the process of bringing a legal malpractice claim and eases a plaintiff's burden in proving the claim.

In MB Industries, LLC v. CNA Insurance Company, the plaintiff sued its attorney after its attorney handed over their documents without first copying them during document production. These actions caused an adverse outcome in the plaintiff's case. The Court found that a reasonable jury would find this situation to be negligence under any standard of care, and for this reason, the case required no expert testimony to prove the claim. However, the Court ultimately decided that the plaintiff failed to meet its burden of proof in the case.

Legal malpractice occurs when an attorney handles a lawsuit with negligence. The legal profession imposes various ethical and professional duties on lawyers. To prove attorney negligence, the plaintiff must prove that the attorney's conduct fell below a reasonable standard of care expected from lawyers and that this breach of care caused the plaintiff to lose his case and suffer financial harm.

To prove legal malpractice cases, Louisiana courts utilize a "case within a case" approach, which can make legal malpractice claims notoriously difficult to prove. To prove causation, the plaintiff needs to prove that his underlying case would have been successful, but for his attorney's negligence. In other words, a Court must determine that the plaintiff would have clearly won his underlying case to proceed with his legal malpractice lawsuit.

Continue reading "Winning the Case within the Case" »

November has been a tragic month for air travel. Three separate private planes have already been in the headlines this month. The first plane crash, killed two Oklahoma State University coaches and all passengers on board. The second plane crashed in Arizona, tragically killing an entire family. The third plane crashed in Georgia, killing a married couple and their 24-year-old son. Federal investigators continue to search for the cause of these devastating crashes.

Private air planes pose unique aviation safety concerns. Compared to commercial pilots, private pilots often undergo less training. With less training, these pilots may lack the experience needed to adequately react to emergency situations in transit, such as unexpected extreme weather, wind gusts or a mechanical malfunction.

Another common problem that arises with private planes is mechanical failure or negligent plane maintenance. At times, mechanics and private plane manufacturers cut corners when it comes to ensuring that private planes are suitable for flight because these planes are not common carriers and typically carry less people than commercial airlines.

Continue reading "November: A Deadly Month for Private Planes" »

The U.S. Equal Employment Opportunity Commission (EEOC) recently reported its annual winnings for victims of workplace discrimination for the 2011 Fiscal Year. This year, the EEOC recovered a record $365 million for victims of workplace bias through administrative enforcement. The EEOC also recovered an additional $91 million dollars for victims of workplace discrimination this year through merit-based lawsuits.

The EEOC is a federal agency that investigates charges of workplace discrimination and assists victims in bringing lawsuits against employers under certain factual circumstances. The EEOC enforces federal anti-discrimination laws and plays a critical role in the success of an employment discrimination lawsuit.
After someone believes he or she has been discriminated against by an employer on the basis of sex, race, religion, age, national origin, or disability, the next step in brining a lawsuit against an employer is to file a charge with the EEOC. The EEOC will then investigate the claims and determine whether the alleged discrimination is in violation of federal law.

Continue reading "$365 Million Recovered for Victims" »

A federal court judge recently ruled that the Mississippi attorney general's lawsuit against the Gulf Oil Spill Fund's administrator must be heard in state court. The judge ordered the case to be heard in state court because the lawsuit was brought under Mississippi's consumer protection laws.

In his claim, Mississippi's attorney general seeks to obtain the Gulf Coast Claim Facility's administrative records. The attorney general believes that the records will reveal a lack of transparency in the claims administration process, including the denial of many legitimate claims and inequitable payments to claimants. Kenneth Feinberg, the Gulf Coast Claims Facility Administrator, denied these allegations and refused to hand over the records, claiming that the records were irrelevant to individual claims.

With an already expired Gulf Coast Claim Facility deadline for filing claims, a state court judge's ruling could result in greater government intervention in the claims process. The Facility's lack of transparency has troubled many victims of the Gulf Oil Spill and has also led to frustration and skepticism about BP's intentions.

Continue reading "BP Oil Spill Update" »

Two Louisiana workers suffered fatal work-related injuries this month. In Houma, a Gulf Island Fabrication worker was killed when a cable at his work site loosened in the process of moving a 700-pound metal sheet piling. Also, a R&R Construction contractor was electrocuted and killed while working on a chlor-alkali unit.

These two tragic accidents highlight the critical need for employers to maintain safe working environments for workers, especially in the construction industry. The construction industry remains one of the most dangerous industries for workers, and all too often many of these hazards stem from employer negligence.

Employers are legally required to provide a reasonably safe work environment and to warn workers of all hazards associated with their work. If an employer fails to meet these requirements and this failure causes an employee's injury, the employer may be held legally responsible for the injury. Examples of employer negligence include an employer's failure to implement adequate safety procedures and an employer's failure to properly train employees. An employer may also be held liable if it knowingly subjects its employees to dangerous working conditions.

Continue reading "2 Louisiana Workers Killed in Work Injury Accidents" »

Last week, the Senate proposed a bill purporting to accelerate the FDA's review times for medical devices. The proposed legislation would relax current conflict of interest rules that apply to FDA advisers, reversing an existing law. Currently, federal law prohibits an expert with a financial stake in medical device companies or competitors from serving on an FDA advisory panel.

Congress implemented these conflict of interest rules to remove corporate self-interest from FDA advisory panels. But since the implementation of these rules, critics have alleged that the current law prevents the release of new medical devices to consumers. The new legislation could benefit consumers by shortening the waiting period for cutting-edge medical devices.

This proposed legislation could also have unintended effects. Most notably, the legislation could also increase the number of dangerous medical devices on the market, endangering the health and safety of patients as biased FDA advisors could lead to the release of medical devices without adequate testing or warning to consumers.

Continue reading "Expediting FDA Review: Good for Corporations; Bad for Consumers" »

The Supreme Court is back in session with a full docket for the month of October. Early this month, the Court confronted the controversial question of whether the American with Disabilities Act (ADA) applied to a school teacher at a Lutheran school. The Court heard oral arguments this week, but a decision is not expected for months.

In the case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a parochial school teacher claimed that she was fired out of retaliation for threatening to file a formal complaint with the EEOC after her school allegedly discriminated against her on the basis of an illness.

Congress has enacted several statutes that prohibit employment discrimination on the basis of race, sex, nationality, religion and disability. Ordinarily, the ADA prohibits employment discrimination on the basis of disability or illness. However, in light of the First Amendment, courts have carved out a ministerial exemption for church employees who carry out religious duties.

Continue reading "Supreme Court Tackles Employment Discrimination" »

The Department of Justice (DOJ) filed two felony charges in a bill of information in a Lafayette federal district court against Pelican Refining Company for knowingly violating its permit issued by the Clean Air Act at its refinery located in Lake Charles.

The U.S. Attorney's Office alleges that from 2005 to 2007, the company knowingly released pollutants into the environment. According to the DOJ, a federal investigation revealed the refinery's substandard operating conditions, including the intentional release of hydrogen sulfide into the air, the storage of crude oil in tanks in need of repair and the use of plastic children's swimming pools to control petroleum leaks.

The Clean Air Act is a federal statute designed to prevent and control environmental contamination through the creation of emissions standards, regulations and permit requirements. With Louisiana being home to more than 30 operating refineries, environmental contamination is a serious concern in the state.

Continue reading "Lake Charles Refinery Crackdown" »