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Articles Posted by Broussard, David & Moroux

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Colorado Food Poisoning

A Colorado-based melon farm issued a recall last week after its cantaloupes tested positive for listeria, a deadly bacteria. The contaminated cantaloupes have been linked to at least two deaths and 22 illnesses in Colorado and New Mexico. State authorities believe that this number could increase in more states pending…

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BP Shortcuts Blamed for Gulf Oil Spill

The U.S. Coast Guard and Department of Interior’s Bureau of Ocean Energy Management and Enforcement released a 500-page report this week finding BP primarily responsible for the Gulf Oil Spill. The report revealed that the company took many shortcuts in an attempt to cut costs and complete its troubled well…

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Louisiana Medical Review Panel’s Findings Not Admissible

The Louisiana Supreme Court recently held in McGolthlin v. Christus St. Patrick Hosp. that a Medical Review Panel’s finding is not subject to mandatory admissibility when the Medical Review Panel exceeded its statutory authority by making its determination based on of a finding of credibility. In Louisiana, a plaintiff suing…

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Pearl River Toxic Water Exposure?

A recent untreated wastewater spill in the Pearl River killed thousands of fish. State officials are not certain how the contamination will impact the surrounding community’s drinking water; however, some officials are optimistic that the damage will not affect citizens because the Pearl River is not a source of drinking…

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Medicare Set-Asides and your settlement

The Medicare Secondary Payer (MSP) statute is a federal statute that governs the receipt of Medicare payments. Under the statute, Medicare is a secondary insurer that may only be used after an individual exhausts any other available means of insurance. Accordingly, in workers compensation claims, workers compensation should be the…

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Being Aware of Your Digital Footprint: How Facebook Can Destroy a Case

Social media can be helpful tool to connect to family, friends and colleagues. However, with sites such as Facebook boasting 750 million users, pictures and posts on social media sites can easily become evidence utilized to destroy a case. Most recently, attorneys have turned to Facebook for evidence in family…

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Pythons in Florida: Strict Liability for Exotic Animals

A Florida couple stood trial this month, facing third degree murder and manslaughter charges after their starved pet python tragically killed their toddler. In addition to criminal charges, many states, including Florida, have laws that impose strict liability on owners of exotic animals that seriously injure or kill. Strict liability…

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High Court Orders Tobacco Companies to Pay $270 Million

Tobacco companies will now have to pay $270 million for the implementation of a smoking cessation program after the U.S. Supreme Court reinstated a Louisiana court order that was unilaterally blocked by Justice Scalia last September. The Court also denied the tobacco companies’ appeal. Louisiana smokers first filed a class…

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