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…
Louisiana Lawyer Blog
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…
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…
Boating Safety in Louisiana
Governor Bobby Jindal recently signed House Bill 291 into law, prohibiting underage drinking in waterways. The new law also increases fines for the careless operation of a watercraft and imposes penalties for flight from an officer on water. Until this legislation, uncertainty existed as to whether the State’s underage drinking…
High Court sides with Wal-Mart in Class Action
The United States Supreme Court awarded Wal-Mart a a victory recently when the Court rejected a class of 1.5 million workers alleging sex discrimination against the company. The Court held that the workers failed to prove “questions of law or fact common to the class” under Federal Rule of Civil…
Pharmaceutical Companies spared by Supreme Court
The Supreme Court insulated generic pharmaceutical companies from state failure to warn claims concerning inadequate labeling last week. The Court held that federal law preempted generic drug makers from consumer state law claims that assert generic drug makers’ failure to include adequate warning labels about possible side effects. In its…
Baycol Class Action
The U.S. Supreme Court revived a West Virginian state-class action lawsuit against Bayer Pharmaceuticals, the manufacturer of the cholesterol-lowering drug Baycol. The Supreme Court held that a Minnesota federal court exceeded its authority under the Anti-Injunction Act by banning a West Virginian state-class action suit. The federal court issued the…
New Iberia Plant Explosion and Absolute Liability
An explosion occurred from a chemical fire at a Multi-Chem Corp. chemical plant in New Iberia last week, causing neighboring residents to evacuate their homes. Police reported no injuries from the explosion or its aftermath. The explosion occurred in a facility that blends chemicals for oil field operations. The accident…
Louisiana Distracted Drivers Aided by Lawmakers
Distracted driving remains a serious problem across America. Nonetheless, the Louisiana Legislature killed two bills targeting distracted driving in the state and approved a controversial bill permitting TV screens in the dashboard. Pending Governor Jindal’s approval, the controversial “Dashboard TV” bill will become Louisiana law. Under Louisiana’s current law, television…
Vaccine and Autism: High Court speaks
In Bruesewitz v. Wyeth, the U.S. Supreme Court held that the National Childhood Vaccine Injury Act preempts all state law design-defect claims brought by plaintiffs seeking damages for vaccine-related injury or death against vaccine manufacturers. The National Childhood Vaccine Injury Act of 1986 is a statute that provides administrative remedies…