LADC » Recent Developments

Louisiana Punitive Damages Bill Amended and Approved by Senate Committee

Dane Ciolino — Thu, 03 Jun 2010 02:47:05 +0000

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 of an oil or gas well, or in the commercial storage, handling, or transportation of oil, gas, product of oil or gas, or hazardous or toxic substance.”

To check on the progress of the bill, click here: http://www.legis.state.la.us/

S.B. 547 may be brought to the floor of the Senate as early as Thursday, June 3.

LADC Legislative Alert–Bill Would Authorize AG to Hire Contingent-Fee Lawyers for State

Dane Ciolino — Thu, 27 May 2010 02:49:40 +0000

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 payment of compensation owed to the state or any of its agencies, boards,or commissions on a contingent fee basis” if certain commissions are met.

For the current version of this legislation, click here: Louisiana Senate Bill 731.

LADC Legislative Alert: Pending Bill Would Prohibit Comp Credit to UM Carrier

Dane Ciolino — Fri, 21 May 2010 16:52:15 +0000

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

Louisiana Punitive Damages Bill

Dane Ciolino — Thu, 13 May 2010 14:49:00 +0000

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 tort claims. The bill has been assigned to Senate Judiciary A. The current version of the bill can be viewed on the Louisiana Legislature website: Current Text of Louisiana Senate Bill 547 re Punitive Damages.

May 2010 LADC Newsletter is Posted

Dane Ciolino — Thu, 29 Apr 2010 17:34:07 +0000

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, who did his usual remarkable job in planning and executing the annual meeting. At the closing dinner, President Lee “passed the torch” to incoming President Ron Sholes. The LADC thanks President Lee for his skillful leadership over the past year and wishes President Sholes all the best in 2010-11.

ANNUAL MEETING 2011: Start planning now to attend the 2011 Annual Meeting. After conducting a survey of the membership, President Ron Sholes has announced that the trip will be to southern France. Stay tuned for details.

LADC TRIAL ACADEMY: The twenty-sixth annual LADC Trial Academy is scheduled for Thursday, Aug. 5-Saturday, Aug. 7 at Loyola Law School. Registration materials are available at www.ladc.org.

LADC SIZZLIN’ SUMMER SEMINAR, FRIDAY THE 13TH: One of the LADC’s most popular seminars is the seminar formerly known as the Attorney-Client Seminar. This year the Sizzlin’ Summer Seminar will be at the Windsor Court Hotel on Friday, Aug. 13.

Recent Development: Compromise and Releases

Dane Ciolino — Mon, 19 Apr 2010 14:51:54 +0000

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 and all persons, firms or corporations” from claims “growing out of” the accident. Subsequently, plaintiff sued her UM carrier; however, the court dismisses, holding that the broad language of the release agreement operated as a dismissal of claims against the UM carrier. Fifth (La.) Circuit, No. 09-CA-686 (3/23/10) (Chehardy, J, dissenting).

Recent Development: Medical Liens

Dane Ciolino — Mon, 19 Apr 2010 14:50:30 +0000

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)

UM Waivers and Non-English Speaking Insureds

Dane Ciolino — Mon, 08 Mar 2010 00:55:59 +0000

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 proper. Rizzo v Ward, Fourth Circuit, No. 2009-CA-1325 (2/24/10)

Settlement Agreement Releases Defendant’s Employer if No Express Reservation of Rights

Dane Ciolino — Thu, 11 Feb 2010 13:08:06 +0000

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 plaintiff was aware that the tortfeasor was in the course and scope of his employment when the accident occurred. Palmer v Walker, Fifth (La.) Circuit, No. 09-CA-756 (1/12/10).

Summary Judgment Motion Can Rely on Exhibits Already in Record

Dane Ciolino — Thu, 11 Feb 2010 13:05:46 +0000

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, Inc., First Circuit, No. 2009 CA 0828 (12/23/09) (Guidry, J, concurs)