Admiralty and Maritime Law: The maritime industry is of critical importance to Louisiana and the Gulf South, supporting thousands of jobs and providing businesses access to markets the globe. Admiralty and maritime law is a unique legal field that covers activities that occur on or adjacent to navigable waters including the high seas, rivers, and lakes that can be used for interstate and international commerce. Due to the complexity of maritime law, it is critically important that you have a well-versed maritime attorney fighting to ensure that you recover all that you are entitled to under the law. Unseaworthiness: Under the general maritime
Category: Legal News
We handle all types of family law cases, including divorce, custody, child support, spousal support, community property partitions, paternity, and more. We also offer estate planning services including the drafting of wills, trusts, powers of attorney, living wills, and more. Our probate attorneys can help with all your succession needs. We also handle personal injury claims and expungements on a routine basis. Finally, our creditor’s rights team handles collections, repossessions, foreclosures, and evictions statewide. Here you will find legal news and the latest happenings concerning our practice areas and the law in general.
Social Security Claims Analysis: Disability for the purposes of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for at least 12 consecutive months. This social security analysis standard can be broken down as follows: Step 1 – Substantial Gainful Activity: Generally, the Social Security Administration (SSA) wants to know if a person is still working. SSA
Social Security Application and Appeals: Initial Application: When you decide to pursue Social Security Disability or SSI benefits you first need to fill out the initial application. The first step of the social security claims process is to acquire medical records and fill out an application in person, by phone, or online. Many applicants choose to take this step alone since it seems so straight forward, but unfortunately many initial applications are also denied. A social security disability lawyer can help develop your claim based upon your age, education, impairments, work history, and how you reached the point of being
Social Security Benefits for the Disabled: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits are administered by the Social Security Administration (SSA). They are meant to provide a safety net to disabled Americans and their families when working is no longer possible. Unfortunately, many claims are initially denied for medical and non-medical reasons. If you are dealing with the SSDI or SSI appeals process, a Social Security lawyer may be your best chance to prove your disability claim to the SSA or Office of Hearings Operations (OHO). What is SSDI? SSDI is a program designed for people who have
OWC Does not Have Jurisdiction: Defendant, a medical facility, initially filed three disputed claims against Employer with the Office of Workers’ Compensation (OWC) because they had not been paid for medical services rendered. Employer argued they had not received notice of any treatment before the claims were filed. The medical facility voluntarily dismissed its claims with prejudice prior to the hearing. Employer then filed a lawsuit in state district court against the medical facility alleging that Defendant’s prior claims were frivolous, and seeking sanctions and attorney fees. Defendant filed an exception of lack of subject matter jurisdiction, arguing that Employer’s suit
Some Maritime Building Materials are Tax Exempt: Plaintiff’s drilling barge caught fire causing extensive damage. Repairs were made at a cost of $11 million. Under La. R.S. 47:305.1(A), taxes imposed shall not apply to sales of materials, machinery, and equipment which become component parts of a vessel of fifty tons and over, if the vessel is built in Louisiana. Further, a tax exemption applies to construction or reconstruction, but not to the replacement of worn components. Louisiana law also provides that the exemption applies if the reconstruction restores the vessel to seaworthiness following its destruction by sinking, collision, or fire. Plaintiff relied on
Case Dismissed Because Not Presented to Review Board: Plaintiff filed suit against a hospital when he developed an infection following spine surgery. Defendant filed an exception of prematurity, arguing that it was a qualified healthcare provider under the Medical Malpractice Act (MMA) and that Plaintiff’s claims had not yet been presented to a medical review panel. The district court granted the exception as to all of Plaintiff’s allegations with the exception of the allegation that Defendant failed to properly maintain and service all equipment utilized in the sterilization process. On a supervisory writ, the Louisiana Supreme Court found that Plaintiff’s
How Long to File for Death Benefits in Occupational Disease Cases: Decedent was a retired firefighter with the Jefferson Parish Fire Department. He passed away on May 5, 2013. On January 7, 2015, his widow filed a disputed claim for compensation seeking death benefits pursuant to La. R.S. 23:1231. Plaintiff alleged that her husband filed a workers’ compensation claim in 2004 for which he received benefits until the time of his death. She further alleged that he suffered a heart attack on the date of his death, and the coroner amended the death certificate in October 2014 to reflect that the
No Whistleblower Protection for Internal Complaint: Plaintiff brought suit against her former employer under Louisiana’s Whistleblower Statute, alleging that she was wrongfully terminated for reporting unsafe work equipment to management and corporate headquarters. Defendant filed an exception of no cause of action, arguing that plaintiff was terminated for failing to follow the proper procedure of reporting the unsafe condition, and that plaintiff did not engage in protected activity under the Whistleblower Statute. Plaintiff argued that her termination was actually in retribution of reporting defendant’s violation of state law, which requires employers to provide reasonably safe employment for all employees. The
Fax Filing Petition Interrupts Prescription: Plaintiff was injured on a city bus on May 1, 2013. He attempted to file suit on the one-year anniversary by facsimile filing on May 1, 2014. Multiple attempts were made, but Plaintiff received an error code each time due to a busy signal. The Clerk of Court received the fax the following morning, and stamp filed the petition on May 2, 2014. Defendants filed an exception of prescription pointing out that the petition was filed more than one year after the alleged injury. Plaintiff opposed the exception, arguing that he first attempted to fax file the