Louisiana Lawyer Blog

A recent untreated wastewater spill in the Pearl River killed thousands of fish. State officials are not certain how the contamination will impact the surrounding community's drinking water; however, some officials are optimistic that the damage will not affect citizens because the Pearl River is not a source of drinking water for neighboring communities.

Nevertheless, the spill highlights the need to ensure corporations take adequate safety precautions when handling hazardous toxins in our communities. Groundwater and soil contamination pose serious long-term health consequences in affected communities. The exposure of even a small amount of a toxin can lead to cancer, neurological disorders, liver and kidney damage, immune system problems, and birth defects.

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The Medicare Secondary Payer (MSP) statute is a federal statute that governs the receipt of Medicare payments. Under the statute, Medicare is a secondary insurer that may only be used after an individual exhausts any other available means of insurance. Accordingly, in workers compensation claims, workers compensation should be the primary source of medical insurance coverage.

The MSP statute states that if the plaintiff intends to settle with workers compensation for an amount greater than $250,000 and anticipates future medical treatment, the plaintiff must allocate a specific portion of the settlement to a Medicare Set Aside account (MSA). If the injured individual exhausts his MSA allocation, then he may receive Medicare payments. This account protects Medicare's interests as a secondary insurer.

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Social media can be helpful tool to connect to family, friends and colleagues. However, with sites such as Facebook boasting 750 million users, pictures and posts on social media sites can easily become evidence utilized to destroy a case. Most recently, attorneys have turned to Facebook for evidence in family law and workers compensation cases, where evidentiary rules can be more relaxed.

Facebook has various features that can threaten a plaintiff's case. For example, "wall" comments or published photos might paint a different picture than the plaintiff's contentions in the litigation. Additionally, status updates include dates and times that can wholly contradict a plaintiff's claims about the magnitude of an injury.

Though attorneys need to overcome significant evidentiary hurdles to utilize social media as evidence, litigants should still be cautious in posting any information online. If you or a loved one plan to bring a personal injury lawsuit, it is important to pay close attention to your digital footprint. Because privacy settings are unreliable, you should consider temporarily deactivating your Facebook account until litigation ends.

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A Florida couple stood trial this month, facing third degree murder and manslaughter charges after their starved pet python tragically killed their toddler. In addition to criminal charges, many states, including Florida, have laws that impose strict liability on owners of exotic animals that seriously injure or kill.

Strict liability means legal responsibility for damage regardless of fault. In Louisiana, Civil Code Article 2321 governs liability with respect to wild animals and ordinary household pets. Article 2321 states that "the owner of an animal is answerable for the damage caused by the animal" but requires a showing that the owner "knew or should have known that his animal's behavior caused the damage." The article, however, excludes owners of dogs, stating dog owners are strictly liable for injuries caused by their dogs.

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Tobacco companies will now have to pay $270 million for the implementation of a smoking cessation program after the U.S. Supreme Court reinstated a Louisiana court order that was unilaterally blocked by Justice Scalia last September. The Court also denied the tobacco companies' appeal.

Louisiana smokers first filed a class action lawsuit against tobacco companies in 1996. A jury ruled in favor of the class, and a Louisiana court ordered tobacco companies to make multi-million dollar payments toward programs to help smokers quit smoking.

Although Supreme Court justices have the power to block another court's order, the justices rarely use this power. In blocking the order, Justice Scalia cited his concern for the rising abuse of class action lawsuits in state courts. The Court recently addressed this same concern in Dukes v. Wal-Mart, rejecting a class of 1.5 million female Wal-Mart workers alleging sex discrimination.

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