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As we enter the month of February, law students across the state find themselves in the final stages of preparing for the Louisiana Bar Exam. Undoubtedly, this pivotal moment marks the culmination of years of hard work and dedication. At Broussard, David & Moroux, we understand the weight of this challenge and are committed to supporting aspiring lawyers on their journey to success.

We have reached out to our experienced attorneys for their invaluable insights. Below are five of the most important tips from our expert attorneys at Broussard, David & Moroux aimed at providing you with the confidence and preparation needed to conquer the Bar Exam. So, without further ado, let’s dive into the collective wisdom of our legal team.

Tips for Bar Exam Success:

A person can suffer injuries just about anywhere. However, if you suffer injuries while performing work, you may be entitled to (or restricted to) certain forms of recovery depending on where those injuries occur and your relationship with the location. For example, a person who is injured as a result of work they are performing may be limited to recovery under the Worker’s Compensation Act. The same is true for a person who is injured on the high seas.

When a seaman suffers personal injury or death while on a vessel, the Jones Act provides an expansive remedy for him. The Act mandates that “any seaman who shall suffer personal injury in the court of his employment may, at his election, maintain an action for damages at law.” However, coverage under the Jones Act is dependent on one thing: whether or not the employee constitutes as a “seaman.” Unfortunately, because the Act does not directly define who qualifies as a “seaman,” it is often difficult to know whether you meet the requirements of a Jones Act seaman.

In order to qualify as a Jones Act seaman, one must show: (1) the employees duties contribute to the function of the vessel or to the accomplishment of its mission; and (2) there is a connection to a vessel in navigation that is substantial in terms of both duration and its nature.

Spring has officially sprung bringing warmer weather with it. These weather conditions encourage people to jump back into their beloved outdoor activities, especially boating. Whether it be a weekend trip to the lake or a spring break trip to the beach, it is important to keep in mind a few safety procedures as you head back onto the water after a long winter:

  • While boating, be on the lookout for piers, docks, swim platforms, boat lifts, buoys, and markers, in order to prevent collisions.
  • It is good practice to always wear a life jacket or, at the least, be sure to have the required number of life jackets on board at all times. All states have different age requirements for life jackets, so be sure to check what those laws are depending on where you are boating. In Louisiana, all persons 16 year of age and younger much wear a life jacket while on a vessel less than 26 feet long.

Based on the published Western District of Louisiana opinion, Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), on June 12, 2009, a Louisiana salt mine worker was pressure washing equipment inside Morton’s salt mine in Weeks Island near New Iberia, Louisiana when the salt mine’s roof collapsed, causing fatal injuries. His family hired Broussard, David & Moroux , LLC to bring a wrongful death action against his employer, Morton Salt, alleging fraudulent misrepresentation on the part of Morton’s employees.

Typically, the Louisiana Worker’s Compensation law constrains an employee’s recovery for on-the-job injuries. A narrow exception to Worker’s Compensation allows an employee to avoid this limited recovery by proving that the employer acted intentionally with the substantially certain knowledge that an injury may result.

Based on Pennier, et al. v. Morton Int’l, et al., 2011 WL 6160207, (W.D. LA 6/24/2011), the attorney representing the family of the deceased worker, Blake R. David of Broussard, David & Moroux , LLC, escaped Worker’s Compensation exclusivity by establishing, through employee and manager testimony, Morton employee knowledge that its employees had used illegal bolting practices for a substantial time before the Salt Mine’s roof collapsed. Morton’s employees were required by law to routinely check and accurately record the torque on salt mine roof bolts with a torque wrench in order to avoid roof collapse. However, Morton’s employees forged bolt torque forms with made-up findings without ever checking the bolt’s torque, and then lied to Mine Safety and Health Administration (MSHA) government inspectors about their bolting procedures to avoid citations. Later, reports from MSHA found that the roof collapse causing the miner’s death resulted from poor installation methods in the bolting procedures by Morton’s employees. Broussard, David & Moroux’s litigation discovery led to the alleged fraud findings.

In a recent landmark, unanimous opinion, the United States Court of Appeals for the Fifth Circuit ruled in favor of environmental justice for Louisiana and to hold the oil and gas industry accountable for the devastating effects of Big Oil on the fragile Louisiana coast, coastal parishes, and ecosystems.  The court rejected the motion to place coastal lawsuits under the jurisdiction of the federal judiciary, and these cases will fall under the jurisdiction of Louisiana state courts, effectively moving cases previously bogged down by seven years of delays quickly to trial. Richard Broussard, of Broussard, David & Moroux in Lafayette, LA co-represented the Louisiana coastal parishes alongside John Carmouche of Talbot, Carmouche, and Marcello in Baton Rouge.  As the opinion was released, Broussard counted it “as a huge step forward for the citizens of Louisiana and all those who value the future of our environment.”

Environmental justice crusader, Ret. Lt. General Russell Honore, who has devoted his post military career to lead Louisiana’s charge for environmental protection, was equally impressed with the court’s decision for accountability for the nearly 25 billion dollars in catastrophic damage that has been caused by oil and gas in Louisiana.  Honore shared with Bayou Brief earlier this week, “Big Oil is no longer the sacred cow in Louisiana.  They need to clean up the mess, abandon the wells and pits, and pay for the decades of pollution of our wetlands.  Big Oil owns the (state) legislature, with their flag over the Capitol, but as courts proved in the BP case, these companies can and should be held accountable.”

LSU professor and spokesperson for protection of Louisiana’s coasts, James Carville called the court’s opinion “The best day Louisiana has had in the 21st Century.”  This monumental ruling is noted as the 85th failed attempt by oil and gas companies to divert lawsuits from Louisiana state courts.  This is the first opinion issued on the matter by the right-leaning Fifth Circuit, and Carmouche relayed to the Bayou Brief, “For our coastal parishes to have won in this court, the fact the vote was 3 to 0 in favor of the coastal parishes of Louisiana, and the fact that all three judges who voted to give our state courts the authority to determine the future of coastal Louisiana are appointees of President Trump demonstrates the restoration of Louisiana’s coast is not a partisan issue, but an issue of law and equity.”   Oil-and-Gas-Rig

On January 6, the attorney for the Dudek family, a couple who tragically lost their child due to the tip over of a popular dresser from IKEA, announced a settlement of this matter. IKEA settled for $46 million after the toddler was crushed to death when the dresser toppled over on top of the child. This dresser has been appropriately recalled after at least five other children were killed. This is not the first settlement with these circumstances ending in this tragedy. In 2016, Ikea settled with three families in eerily similar circumstances for $50 million.

The current case arose when the Dudeks sued IKEA arguing that the company knew this furniture line was prone to tip over and fail to warn customers. In an effort to mitigate this problem IKEA offered a wall anchoring kit before issuing a full recall of the dresser line.

The Dudeks purchased the dresser in 2008, but claim they never got an alert about the recall. On May 24, 2017, Mr. Dudek went into his son’s room to find him trapped beneath the 70-pound IKEA dresser. Joseph passed away from asphyxia after being smothered and choked by the tip over.

On November 7, 2019, a helicopter is presumed to have crashed in the Gulf of Mexico. The helicopter was owned and being flown by Panther Marine. Panther Marine was operating the aircraft under Panther Helicopters of Belle Chasse. The helicopter was hired by Cox Oil. 

The last communication was about ten minutes before the helicopter was expected to land. Unfortunately, the crew did not reach their destination.

 Because the last known location of the helicopter was approximately 13 nautical miles off the coast of Louisiana, the Coast Guard is searching for the two passengers. “The passengers were transiting from one offshore rig to another” the Coast Guard stated. Since beginning the search, the Coast Guard discovered debris at 40 nautical miles.  As of Saturday November 9th, the Coast Guard was still searching. 

Lafayette Consolidated Government, in partnership with Bike Lafayette and Broussard, David & Moroux, will host the second annual Bicycle Safety Festival on Saturday, May 20 at Parc Sans Souci from 9 a.m. until noon.

Bicyclists of all ages are invited to participate in the free event which will feature bicycle safety instruction, bike helmet fitting, and bicycle inspections.

“The aim of this event is to help cyclists and motorists become more knowledgeable about bicycle safety and the rules of the road,” said Lafayette Mayor-President Joel Robideaux. “As Lafayette embraces a more bicycle-oriented mindset, bicycle awareness is becoming even more essential. Through this approach, we can make the roads safer for all users.”

BATON ROUGE  Today, Gov. John Bel Edwards announced his appointments to the Board of Regents.

“Our institutions of higher education continue to face financial challenges that make the work of the Board of Regents more critical than ever as we continue our efforts to stabilize the budget and provide more predictable funding for our colleges and universities,” said Gov. Edwards. “The appointees I have named to the board bring an array of professional and educational expertise from higher education institutions across Louisiana. I am looking forward to working with them to build a brighter future for Louisiana’s students.”

The following appointments will be effective on January 1, 2017:

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