Overbroad Trucking Handbooks May Equal Unfair Labor Practices!
I recently read an article by Maxine Neuhauser that I thought you would be interested. At will employment disclaimers in employee handbooks are the norm, but recent decision by [...]
Double Damages for a Private Cause of Action in the Medicare Secondary Payer Act?
Have you been threatened by plaintiff’s counsel with a claim for double damages under Medicare Secondary Payer Act? It was tactic that was fairly popular a few years ago citing: [...]
Lousiana Trucking Employee on Workers Compensation Refuses to Comply with Treatment Plan
Suppose you’re notified that an injured employee on workers compensation is in violation of his treatment plan? For example, suppose the employee is on worker’s [...]
Another Case of Bad Facts = Bad Law in Louisiana: Rachal v. Brouillette and the Separate Elements on Verdict Form
Rachal v. Brouillette, 12-794 (La.App. 3 Cir. 3/13/13), 111 So.3d 1137, 1142-43, writ denied, 2013-0690 (La.5/3/13), 113 So.3d 217, the Louisiana Third Circuit Court of Appeal, meeting en banc, [...]
Can the UM Insurer Reduce/Offset Payments Made by Workers Compensation Insurer When Settling With a Plaintiff/Employee?
In the odd circumstances when an employee is injured on the job and the other vehicle does not have adequate insurance, the employee may seek compensation from his employer’s UM insurer. [...]
Three Months Since Last Blog Post: Memorial to “Poppi”
Yep! Over Three months since I last posted. The reason is that between late September through Thanksgiving, my wife, sister, brother-in-law and I were helping to care for our stepfather who [...]
Truckers and Sex Trafficking
Just what happens at those truck stops? Are there really prostitutes knocking on the doors of truck cabs? Do truck drivers encourage trafficking or prevent it? How serious is the problem? [...]
How NOT To Be a BORING Conference Speaker
Well, it’s been three weeks since I last blogged. I am sorry to all of you who expect a weekly blog on trucking issues, but I have been swamped with several cases and transition [...]
Mandatory DNA Testing in Louisiana?
NO. Unless you’re arrested for a felony offense, you do NOT have to voluntarily give a DNA sample for testing. DNA analysis has come a long way since I was prosecutor in [...]
SIX Louisiana Cities Have the Highest Healthcare Costs in the Nation!
Louisiana should pass a similar statute enacted in Texas in which only the actual PAID medical expenses are reimbursable in a tort action. Presently the incurred expenses, even if not [...]