Louisiana Lawyer Blog

Partner Richard Broussard Receives LAJ President’s Award

September 29, 2022 | by Broussard, David & Moroux

Partner Richard Broussard was presented the President’s Award by the Louisiana Association for Justice (LAJ) President Blake David on September 23 at the LAJ Fall Conference in New Orleans.

The President’s Award is presented annually to LAJ members who have provided outstanding and highly dedicated service to the legal profession.

Within the Louisiana Association for Justice, Mr. Broussard served on the Board of Governors from 1983-1986 and on the Executive Committee from 1996-1997.

Camp Lejeune Water Contamination Claims

September 22, 2022 | by Broussard, David & Moroux

On August 10, 2022, a comprehensive bipartisan bill was signed into law, allowing veterans, family members, and others who lived or worked at Camp Lejeune (North Carolina) between August 1, 1953 and December 31, 1987, to recover for illnesses caused by water contamination. This includes those who have already gone to the VA for benefits.

The water contamination at Camp Lejeune was caused by the waste disposal practices of an outside dry-cleaning establishment, as well as leaking underground storage tanks, waste disposal sites, and industrial area spills. The water plants were contaminated by PCE, TCE, benzene, and vinyl chloride.

To be eligible to file a claim, you or a loved one must have lived, worked, or have been otherwise present at Camp Lejeune for at least 30 days between August 1, 1953 and December 31, 1937 and developed some type of physical harm due to the base’s contaminated water. Individuals who are eligible to file a claim include veterans, civilian workers, contractors, and family members of veterans, as well as those who were in the womb at the time and exposed in utero.

Derek Aswell Finishes Term as LBA Young Lawyer President

September 8, 2022 | by Broussard, David & Moroux

Attorney Derek Aswell recently wrapped up his term with the Lafayette Bar Association as Young Lawyer Section Chair.

The Young Lawyers Section is a section of the Lafayette Bar composed of attorney members who are either under the age of 40 or who have been practicing law for five years or fewer. Members are dedicated to providing community service in Lafayette Parish. This is an active organization that sponsors several worthwhile programs that take place in the community, such as: Regional Mock Trial allows high school students to study a case, present it from both the plaintiff’s and the defense’s sides, and act out the trial in a real courtroom setting; and the Holiday Giving Program is an annual fundraiser to support local charities during Christmas.

Along with these programs, Young Lawyer Section members are active in the Lafayette Bar Foundation’s pro-bono efforts that benefit the underprivileged members of the Lafayette community. They volunteer their time to accept Lafayette Volunteer Lawyers’ cases, to assist with the Homeless Experience Legal Protection (H.E.L.P.) Program, and represent victims of domestic violence in Protective Order hearings through the Protective Order Panel.

Tips to Keep You Safe this Labor Day Weekend

September 1, 2022 | by Broussard, David & Moroux

Labor Day weekend is the last chance many people have to vacation and travel before the fall. Whether traveling to the beach or enjoying a weekend by the pool, it is important to keep in mind some basic safety measures. Over this long weekend, Broussard, David & Moroux has a few tips to keep you and your family safe while having fun:

If you are spending a weekend by the pool, remember to monitor children in and around the water and provide inexperienced swimmers with a floating device. Also, be mindful of water depth before diving.
If you are spending the day outdoors in the heat, remember to drink plenty of fluids and wear sunscreen.

National Traffic Awareness Month: How Louisiana is Participating

August 29, 2022 | by Broussard, David & Moroux

National Traffic Awareness Month in August draws awareness to traffic safety, not only for those behind the wheel, but for those riding as passengers and pedestrians as well. This month is used to shed light on the safety rules that help prevent major and minor accidents.

According to the National Highway Traffic Safety Administration, an estimated 42,915 people died in car crashes in 2021. This is a 10.5% increase from 2020. The National Safety Council reported that approximately 4.8 million people were seriously injured in automobile collusions and estimated a total cost of car crashes of $474 billion in 2020. In light of these statistics, it is important to go back to basics and remember safe driving can save lives.

Louisiana is taking is a major step toward safety by installing speed cameras on the Atchafalaya bridge. In 2021 alone there were 269 accidents, resulting in 89 injures and two deaths. Louisiana Department of Transportation and Development Secretary Shawn Wilson stated: “What this will ultimately do is save lives.”

Negligence Claim Arises due to Contaminated Food Product

August 18, 2022 | by Broussard, David & Moroux

A Delaware couple filed a complaint on July 18 against Daily Harvest Inc., alleging negligence and other claims. Daniel and Lindsey Davis alleged the defendant’s French “Lentil & Leek Crumbles” caused Daniel to suffer from acute liver toxicity, causing abdominal pain, fevers, and chills.

The plaintiffs further claim that Daily Harvest’s food was not fit for human consumption and constitutes a breach of implied warranty. Additionally, they allege Daily Harvest failed to comply with federal, state, and local laws and safety codes with the distribution and sale of its food products. The plaintiffs are seeking monetary relief, trial by jury, and all other just relief.

Just in the last week, four other major food companies recalled their products due to product deficiencies. One popular brand, King’s Hawaiian, recalled its “Pretzel Slider Buns” because an ingredient used in the products can potentially cause “microbial contamination including from the organism Cronobacter sakazakii and Clostridium botulinum.” KraftHeinz’s also recalled about 5,760 cases of their popular children’s product, Capri Sun, after discovering a specific variety of juice pouches contained cleaning solution.

Blake David Named a Best Lawyer in America

August 18, 2022 | by Broussard, David & Moroux

Best Lawyers® is the leading peer-review-based guide for lawyers across America, recognizing professional excellence in 150 practice areas. Those nominated are submitted for consideration by their peers and are then vetted by the country’s top 5.3% of legal talent.

Candidates are nominated by currently recognized lawyers of the same practice area & geographic region. The rigorous selection process along with the element of being a purely peer-reviewed methodology is what makes appearing on the list highly sought offer.

Broussard, David & Moroux is pleased to announce that Blake David was recently selected by his peers for inclusion in the 29th edition of The Best Lawyers in America© for his work in Admiralty and Maritime Law as well as Personal Injury Litigation – Plaintiffs.

Blake David & Jerome Moroux to Speak at LAJ High Stakes on the High Seas Conference

August 17, 2022 | by Broussard, David & Moroux

On August 19, 2022, the Louisiana Association for Justice will be holding its annual High Stakes on the High Seas maritime law conference. High Stakes on the High Seas provides an opportunity for participants to discuss maritime law updates as well as network with members from all over the Gulf South.

Both partners will be speaking on the topic of “Handling Maritime Cases From Both Sides of the Aisle“.

In previous years, both partners have spoken on this topic as well as “Comparison of the Varying Remedies for Those Lost at Sea“.

Jerome Moroux Teaches LSU Trial Advocacy

August 12, 2022 | by Broussard, David & Moroux

This week, partner Jerome Moroux had the opportunity to participate in the Trial Advocacy Program at the Paul M. Hebert Law Center at Louisiana State University.

The Trial Advocacy Program provides 3rd-year LSU Law students with tactical skills for trial proceedings. The program utilizes a “learn by doing” education to help simulate a real trial.

Students have the opportunity to role-play, practice, and receive critiques during the three-day program. They are able to practice performing direct and cross-examinations, arguing motions, and delivering opening and closing statements.

Jury Awards Over $3 Million to Plaintiff in 18-Wheeler Accident

August 11, 2022 | by Broussard, David & Moroux

On February 14, 2018, plaintiff W.B. was severely injured when an 18-wheeler failed to check for on-coming traffic. At the time of the incident, plaintiff was working as an industrial scaffolder, to support himself and his family, and lived an active lifestyle. WB suffered the loss of his right, little finger, a large laceration to his head, neck and back pain injury, and headaches. Bradley underwent surgeries to his right hand, neck, and back and continues to suffer from headaches.

Defendants attempted to place the blame on the plaintiff, arguing that he should have been the one to “brake sooner,” despite the fact that a left-turning motorist has the legal obligation to wait until it is completely safe to make their turn. Defense asked the jury for a verdict of $0 to $429,000. After a five-day trial, a jury returned a verdict on August 5, 2022, as follows:

Bradley was awarded $293,108 in past medical expenses; $500,000 in future medical expenses; $125,000 in past wages; $241,000 in future wages; $690,892 in past and future physical pain; $400,000 in past and future mental pain; $250,000 in loss enjoyment of life; and $500,000 in disfigurement. This equals a total of $3,000,000 in damages.