Recent developments in tort law, insurance law and legal ethics.
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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The exclusion of government owned vehicles from uninsured/underinsured motorist coverage thwarts the expressed public policy of the UM statute and is unenforceable. Thus the trial court errs in using the policy language (coverage does not include a vehicle owned by any government or any of its political subdivisions or agencies) to deny coverage. Mednick...
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The United States Supreme Court has ruled that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. Effective appellate review of such orders can be had by other means, including post-judgment review. An appellate court can remedy the improper disclosure of privileged materials by vacating...
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New rules and legislation may one day require insurance-defense lawyers and their clients to notify plaintiffs directly of settlements. For more information, see http://bit.ly/6pht25.
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In the case of an offending vehicle operated by its owner, once the insured claimant has proven the existence of the required primary policy of liability insurance for the offending vehicle and damages exceeding in monetary value the applicable limits of that policy, he has established a prima facie case for recovery under underinsured...
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The United States Supreme Court has ruled that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. Effective appellate review of such orders can be had by other means, including postjudgment review. An appellate court can remedy the improper disclosure of privileged materials by vacating...
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Where there are three separate mileage submissions by the claimant which were either underpaid or paid late for different reasons, multiple penalties, totaling $9,000, are warranted under R.S. 23:1201(F). Burnett v Village of Estherwood, Third Circuit, No. WCA 09-680 (12/9/09)
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Happy New Year from the LADC! The January 2010 LADC newsletter is available for download here: 2010-01-LADC-Newsletter. The new LADC website is up and running (at www.LADC.org) with information about recent tort and insurance law developments, upcoming CLE programs and other useful information. Check it out: New LADC Website. Last call to sign up for the...
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Can lawyers have judges as Facebook friends? No, according to a Florida judicial ethics advisory panel. The panel opined that online “friendships” could create the impression that lawyers are in a special position to influence their judge “friends.” The issue remains unresolved in Louisiana.
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Can an attorney who receives electronic documents from opposing counsel, by discovery or otherwise, violate any ethics rules by searching for confidential metadata that may have been transmitted inadvertently in the documents? Vermont has said that the lawyer may violate the rules, but there is a split among states on the issue. See Vermont...
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