Houston Court Finds No Personal Jurisdiction over Houma Company in Jones Act Suit

Published by The Pellegrin Firm August 30, 2020

On June 23, 2020, a Texas appellate court found that no personal jurisdiction existed over Houma, Louisiana-based Baywater Drilling, LLC in Texas state court. The case arose out of an alleged injury of a Jones Act plaintiff in waters off of Terrebonne Parish, Louisiana. Baywater Drilling is a Delaware limited liability company, but its principal place of business is in Houma, Terrebonne Parish, Louisiana.

Loss of Household Services in Jones Act Cases

Published by The Pellegrin Firm August 2, 2020

On October 1, 2019, a U.S. District Court in the Middle District of Tennessee-Nashville Division, ruled on whether a Jones Act plaintiff may recover damages for the loss of his household services. The court had to determine if a Jones Act plaintiff can recover such damages based on personal injury rather than death.

New Orleans-Based Fifth Circuit Court of Appeals Ruling on if a Smartphone Manufacturer Can be Held Liable for Causing a Car Accident Death

Published by The Pellegrin Firm July 25, 2020

On December 18, 2018, the U.S. Court of Appeals for the Fifth Circuit based in New Orleans ruled that a smartphone manufacturer cannot be held responsible for a car accident under Texas law because its device made a sound that allegedly caused an accident.

When Will a Louisiana Appellate Court Overturn a Jury’s Damage Award in a Car Accident Case?

Published by The Pellegrin Firm July 20, 2020

Louisiana appellate courts are generally less deferential to lower courts than appellate courts in other states on issues of fact-finding and damages. However, if a jury’s award is based on reasonable grounds, Louisiana appellate courts will generally let it stand.

Louisiana Fifth Circuit Court of Appeal Finds for Property Owner in Falling Tree Branch Case

Published by The Pellegrin Firm June 20, 2020

On March 20, 2020, the Louisiana Firth Circuit Court of Appeal rendered judgement in a case involving a man injured by a falling tree branch while traveling downing Canal Street in Metairie. The plaintiff was riding on a motor scooter when a tree branch from a large oak tree fell and struck him.

U.S. District Court Judge in New Orleans Rules Against Unum in Dispute Over Short-Term and Long-Term Disability Benefits

Published by The Pellegrin Firm June 8, 2020

On May 20, 2020, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled in a case challenging the denial of short-term and long-term disability benefits.

Louisiana Supreme Court Reverses Ruling that Fax-Filed Car Accident Lawsuit Was Too Late; Rules that Fax Filing Rules Must be Applied Consistently

Published by The Pellegrin Firm May 31, 2020

On April 3, 2020, the Louisiana Supreme Court reversed rulings of lower courts in a dispute over the timeliness of a fax-filed lawsuit. The case is Stevenson v. Progressive Security Insurance Company et al., Docket No. 2019-C-00637 in the Louisiana Supreme Court.

How do Louisiana Courts Determine Fault and Damages in Car Accident Cases

Published by The Pellegrin Firm May 25, 2020

On November 13, 2019, the Louisiana Third Circuit Court of Appeal ruled in a case involving a car that tried to pass left on a vehicle on a two-way road. A truck driven by plaintiff Giles Hill attempted to pass a vehicle driven by Sabrina Davis as Davis was attempting to make a left turn onto another road.

Louisiana Court Rules Against GoAuto Insurance in Dispute Over Excluded Driver

Published by The Pellegrin Firm May 16, 2020

On April 8, 2020, the Louisiana Third Circuit Court of Appeal in Lafayette ruled against GoAuto Insurance in its bid to deny insurance coverage in a Lake Charles car accident. The GoAuto policy listed the driver of the car (a Nissan Altima) at the time of the accident, Jermika Mayne, as an excluded driver. Therefore, GoAuto argued it was not responsible for any property damage caused to the Nissan Altima by the accident.