Recent Developments

S.B. 547, if enacted, would amend Civ. Code Art. 2315 to authorize punitive damages.  The bill, as amended and approved in Judiciary A, would permit punitive damages: “if it is proved that the plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the drilling, equipping, operating, or producing...
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Louisiana Senate Bill 731 would authorize the Louisiana Attorney General to “enter into a contingent fee contract with a contracting private attorney or law firm appointed for representation of the state or any of its agencies, boards, commissions or departments for claims relating to the recovery of state property or state funds or the...
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Senate Bill No. 155, by Senator Murray, would prohibit contractual credit to a UM carrier for workers’ compensation and medical paid.  The current version of the bill can be viewed on the Louisiana Legislature website: Current Text of Louisiana Senate Bill 155
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A Louisiana Sentate bill has been called to our attention in which LADC members (and their clients) may have an interest.  Senate Bill No. 547 would enact Civil Code Article 2315.8 to provide for exemplary damages upon proof of “willful and wanton misconduct.”  If enacted into law, this bill would authorize punitive damages for...
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For the May 2010 newsletter from the Louisiana Association of Defense Counsel, click here: LADC May 2010 Newsletter. LADC ANNUAL MEETING 2010: A group of about 50 enjoyed a wonderful Annual Meeting in Buenos Aires, Argentina April 11-16. Special thanks go out to President Drake Lee and First Lady Margaret Lee and Peter McLean,...
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In Silva v State Farm Mut. Auto. Ins. Co., the plaintiff sued defendant, defendant’s liability insurer, and plaintiff’s UM carrier.  The UM carrier was not served and subsequently was dismissed without prejudice.   The plaintiff then settled with the defendant and his insurer; the release dismissed all claims against the defendant, his insurer, and “any...
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A health care provider’s lien against settlement of insurance proceeds or payment of a judgment is invalid unless the lien is sent by certified mail and includes the location of the health care provider. Metcalf v Christus Health Southwestern Louisiana, Third Circuit, No. CA 09-869 (3/3/10) (Cooks, J, concurs)
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Although insured may not have been able to read the UM waiver form which was printed in English, the insurance agent spoke with insured in Spanish at all relevant times; thus nothing prevented insured from asking questions if he felt he did not understand what he was signing.  Held, summary judgment upholding the waiver was...
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A compromise settlement between the plaintiff and the driver, owner and insurer of the offending car provided that plaintiff released “all other persons, firms and corporations” and did not expressly reserve plaintiff’s rights against other defendants. Held, the settlement released the driver’s employer and the employer’s insurer, where there is no allegation that the...
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Deposition testimony filed in the record in connection with an earlier exception may be considered on a subsequent motion for summary judgment; Article 966B does not require that deposition testimony already filed in the record be introduced into evidence at the hearing on the motion for summary judgment. Gatlin v Guy A. Kleinheitz Wheels,...
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