Federal Court Denies Summary Judgment on Liability to Injured Carnival Cruise Passenger Seeking Damages Under Maritime Law

Published by The Pellegrin Firm December 29, 2019

In a recent decision dated November 22, 2019, a federal judge in the Southern District of Florida denied summary judgment for an injured cruise ship passenger seeking a ruling declaring Carnival Cruises negligent in her case. More specifically, the plaintiff sought a ruling from the court that Carnival had actual or constructive knowledge of a dangerous condition that caused her injury.

Guidry v. Brookshire Grocery Company: The Rare Louisiana Case in Which Summary Judgment is Granted for the Plaintiff in a Merchant Liability Slip and Fall Case

Published by The Pellegrin Firm December 27, 2019

In a recent decision, the Louisiana Third Circuit Court of Appeal affirmed a Lafayette district judge’s decision to grant summary judgment on liability for a patron injured after slipping in a liquid substance at a Super 1 supermarket.

New Orleans Court Finds Lyft Driver Cannot Collect from Underinsured Motorist Carrier in Car Accident Personal Injury Case

Published by The Pellegrin Firm December 13, 2019

In a ruling dated November 27, 2019, the Louisiana Fourth Circuit Court of Appeal in New Orleans affirmed a district judge’s decision to grant summary judgment for Progressive Insurance Company in the case of a Lyft driver seeking underinsured motorist coverage though his wife’s policy, which covered him as a resident relative of her household.

Social Media Posts Come Back to Bite Plaintiff in ERISA Long-Term Disability Case

Published by The Pellegrin Firm December 3, 2019

Posting on social media can be dangerous if you have filed or are thinking about filing a long-term disability claim. It is now standard operating procedure among long-term disability insurers to check a claimant’s social media history in the hopes of finding anything that may contradict a claimant’s allegations of disability.

Louisiana First Circuit Court of Appeal Upholds Summary Judgment for Bicycle Manufacturer in Lawsuit Filed by Houma Doctor

Published by the Pellegrin Firm November 29, 2019

On November 15, 2019, the Louisiana First Circuit Court of Appeal in Baton Rouge affirmed a Terrebonne Parish district judge’s grant of summary judgment in the case of a Houma doctor injured in a bicycle accident. The plaintiff suffered a broken neck and other injuries when he attempted to hop over a small gap in a sidewalk on his bicycle and the front wheel separated from the bike, sending him flying over the handlebars.

U.S. Court of Appeals for the Fifth Circuit Finds for Insurer in Weird Case; Death Due to Russian Roulette Not Covered by AD&D Policy

Published by The Pellegrin Firm October 9, 2019

In a ruling issued October 1, 2019, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found for Securian Life Insurance Company in the case of a Texas teenager who shot himself in the head while hanging out with his friends

Can a Mosquito Bite Be an Accident for Purposes of an Accidental Death Policy?

Published by The Pellegrin Firm October 6, 2019

An interesting March 22, 2018, decision from the New Orleans-based U.S. Court of Appeals for the Fifth Circuit found that it can be under Texas law. The court of appeals found the question to be close enough that the federal district court was wrong to grant summary judgment for the insurer.

Louisiana Third Circuit Court of Appeal Affirms Judgment Finding Employer Was Arbitrary and Capricious in Controverting Claim for Workers’ Compensation Benefits

Published by The Pellegrin Firm October 1, 2019

In a September 18, 2019 decision, The Louisiana Third Circuit Court of Appeal affirmed a Lake Charles workers’ compensation judge’s decision to award workers’ compensation benefits, attorneys’ fees, and penalties to an injured employee of Chicago Bridge & Iron.