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Judicial Confessions - In Bennett v. Porter, 2010-1088 (La. App. 3 Cir. 3/9/11), --- So.3d ---, the Third Circuit Court of Appeals addressed the impact of a judicial confession (i.e., any declaration made by a party in a judicial proceeding) in a subsequent legal proceeding. The Court concluded that, under Civil Code Article 1848, an earlier judicial admission does not bind a party in a later proceeding. Although the judicial confession is admissible into evidence in a subsequent proceeding and may be used for purposes of impeachment, it is not conclusive. Furthermore, it does not create a presumption and does not estop the party making the confession, absent a showing of deception or prejudice.Premises Liability - In Nicholson v. Horseshoe Entertainment, Louisiana Partnership, 46-081 (La. App. 2 Cir. 3/2/11), --- So.3d ---, the plaintiff alleged that an escalator "jerked" and caused her fall and injury. In affirming summary judgment, the Louisiana Second Circuit faithfully applied Article 2317.1 (concerning defects in things) and found that the plaintiff's two affidavits which confirmed her version of events were insufficient to create a "material issue of fact." On appeal, the plaintiff accused the Trial Judge of improperly "weighing" the evidence. However, the Appellate Court found the discussion of a defect irrelevant because the plaintiff possessed no evidence that the defendant knew or should have known of the alleged defect.Products Liability - In Payne v. Gardner, 2010-2627 (La. 2/18/11), --- So.3d ---, the Louisiana Supreme Court upheld summary judgment where the plaintiff failed to demonstrate that the alleged injury resulted from a reasonably anticipated use of the manufacturer's product under La. R.S. 9:2800.54(A). The suit involved the ill-conceived, but apparently established practice of attempting to "ride" an oil well pump. The case presented serious injuries. In this setting, the Court ruled that a manufacturer's "knowledge of the potential and actual intentional abuse of its product does not create a question of fact on the question of reasonably anticipated use." The defendant showed that its pumping unit was manufactured solely for the purpose of extracting oil from the ground. The plaintiff possessed no evidence to the contrary. As such, the Court found that no reasonable person could find that the plaintiff's use was reasonably anticipated.
Attorneys Rebecca Klar, Virginia McLin and Kimberly Higginbotham are members of one of the largest women’s associations in Baton Rouge, Louisiana. Ms. Higginbotham served the Baton Rouge community this year through her work with the Of Moving Colors Foundation and will work with the "Ghosts of the Castle" exhibit at the Old State Capital this year. Ms. McLin worked with the Susan G. Komen Breast Cancer Foundation and the Cinderella Project this year and will be the chairperson for upcoming League projects with these organizations. Ms. Klar worked with the Our Lady of the Lake Children’s Hospital and will serve this year as the assistant special events chairperson for the League fundraiser River Road Recipes.
Workers' Compensation - In Rougeau v. Gottson Const. Co., 2010-1082 (La. App. 3 Cir. 2/9/11), --- So. 3d ---, the Third Circuit Court of Appeals ruled that a sincerely held but unjustified belief that an employee's injury did not result from an accident does not excuse the failure to pay workers' compensation benefits. As such, it was unreasonable for an employer to deny benefits. Attorney fees were awarded against the employer.Insurance - In La Louisiane Bakery Co. Ltd. v. Lafayette Ins. Co., 09-825 (La. App. 5 Cir. 2/8/11), --- So.3d ---, the Fifth Circuit Court of Appeals approved plaintiff's use of profit and loss statements and tax returns for a twelve month period to define the business interruption claim. The insurance policy did not specify how the business interruption claim was to be calculated. Because the plaintiff's sales figures varied each month, the plaintiff was allowed to introduce documents covering twelve months of business even though the business was only interrupted for six weeks.Workers' Compensation - In Ardoin v. Firestone Polymers, L.L.C., 2010-0245 (La. 1/19/11), --- So.3d ---, the Louisiana Supreme Court held that an employee did not meet his burden of proving an unwitnessed accident. In its analysis, the Court confirmed that an unwitnessed accident may be proven under Worker's Compensation by the employee's testimony alone only if (1) no other evidence discredits or casts serious doubt upon his version of the accident and (2) the worker's testimony is corroborated by the circumstances following the accident.
Workers Compensation - In Agilus Health v. Accor Lodging North America, 2010-0800 (La. 11/30/10), --- So.3d ----, the Louisiana Supreme Court held under the facts of that case that payment to a healthcare provider in an amount below the Louisiana Worker's Compensation Act's reimbursement schedule for medical services pursuant to a valid PPO contract does not violate state law.Judgments - In Interdiction of Jones, 10-66 (La.App. 5 Cir. 11/9/10), --- So.3d ----, the Fifth Circuit Court of Appeal held that a judgment ruling an individual in contempt, where the object of the proceedings before the court is to obtain a finding that someone is in contempt, is a final judgment subject to immediate appeal.Damages; Lost Chance of Survival - In Braud v. Woodland Village L.L.C., 2010-0137 (La.App. 4 Cir. 12/8/10), --- So.3d ----, the Fourth Circuit Court of Appeal concluded that, in a medical malpractice case, a claim for lost chance of survival is a distinct, compensable injury and is distinguishable from a claim for loss of life in a wrongful death case.Therefore, under Braud, the plaintiff must prove that (1) the tort victim had a chance of survival at the time of the professional negligence, (2) that the tortfeasor's action or inaction deprived the victim of all or part of that chance, and (3) the value of the lost chance. The plaintiff need not prove that the patient would have survived but for the defendant's malpractice. Nevertheless, the plaintiff must establish by a preponderance of the evidence that he or she had a chance for survival, and that this chance was lost due to the defendant's negligence. Accordingly, the fact-finder must focus on the loss of chance of survival as a distinct compensable injury, and value the lost chance as a lump sum award
This is a true honor - a testament to the fact that Mr. Stauss is ranked by his peers at the highest level of professional excellence in terms of both ethical standards and legal ability.
The Louisiana Association of Defense Counsel (LADC) is an organization of approximately 1,700 Louisiana attorneys who are primarily engaged in the defense of civil litigation. The organization was founded in 1963 to provide a vehicle for a sharing of ideas and an enhancement of the education and training of its members.
The Board is charged with the general supervision of the school's faculty and staff, including control and direction of all expenditures. Stauss will also serve as chair of the Board's Executive Committee, the Head of School Support & Evaluation Committee as well as the Committee on Trustees. In addition to serving on the Board's Finance Committee, Stauss will appoint all other Board Committee chairs. Furthermore, he will schedule and conduct all of the Board's monthly meetings as President of the 16 member Board.
She gave the closing argument on behalf of defendants. Key ruling - Keogh, Cox & Wilson obtains key ruling which will impact practice of medicine nationwide: Court limits CRNA scope of practice and declares interventional pain management is solely the practice of medicine.
Now final, this decision will have nationwide impact concerning the practice of medicine. In this litigation, our firm represented trained physicians who sought to prohibit certified registered nurse anesthetists from performing interventional pain management procedures typically performed by physicians. A permanent injunction was granted in favor of the physician group on the basis of testimony that nurses do not have the training possessed by physicians to perform many of the involved medical procedures.
The Louisiana First Circuit in Teague v. St. Paul Fire & Marine Insurance Company, No. 2006-CA-1266R confirmed an insurer's sole and exclusive right to decide whether or not to settle a professional liability suit where there is no "consent to settle" clause. The Appellate Court ruled that the defendants (represented by our firm in this litigation) caused no damage to the plaintiff. In the process, theTeague Court held that a failure to post a jury bond does not constitute actionable legal malpractice and that a legal malpractice claimant can not recover emotional damages unless the subject matter of the underlying litigation exclusively involved non-economic claims such as child custody disputes.
Keogh, Cox & Wilson partner, John Wolff and other members of the firm served as lead counsel in a significant case that serves to clearly delineate the lines that separate medicine from nursing. The case was initiated when the Louisiana Board of Nursing (LSBN) unilaterally declared that CRNA could practice interventional pain management procedures to include epidural steroid injections, peripheral nerve blocks and spinal facet injections. In the first phase of the case, Keogh, Cox & Wilson represented Spine Diagnostics, a local group of physicians with Dr. Michael Burdine and obtained a preliminary injunction from the 1 st Circuit Court of Appeal after the court found that the evidence submitted at trial established a prima facie case that CRNAs did not traditionally practice in the field of interventional pain management.
Keogh, Cox & Wilson was then retained by the American Society of Intervention Pain Physicians (ASIPP) along with Spine Diagnostics to pursue a permanent injunction preventing the CRNAs from practicing in this field. After 3 days of trial testimony, the trial court ruled, among other things, that the practice of interventional pain management is solely the practice of medicine and that it was not within the CRNA scope of practice.
The 1 st Circuit affirmed the trial court after a full discussion of the evidence. The court carefully examined the rigorous training requirements and regulation that physicians impose on this subspecialty. In contrast, the court noted that CRNAs do not receive training in this field as part of their certification and further noted that nursing organizations do not impose any regulation on CRNA practice in this field. As such, the court noted that CRNAs do not traditionally practice in the field, and therefore, the court upheld the permanent injunction prohibiting such practice.
The Board is charged with the general supervision of the school's faculty and staff, including control and direction of all expenditures from the institution's funds. Stauss was also appointed to the Board's Technology Committee which implements long-range strategic planning to support the school's current and future technology initiatives.