LADC

UM Waivers and Non-English Speaking Insureds

Dane Ciolino — Mon, 08 Mar 2010 00:55:59 +0000

Although insured may not have been able to read the UM waiver form which was printed in English, the insurance agent spoke with insured in Spanish at all relevant times; thus nothing prevented insured from asking questions if he felt he did not understand what he was signing. Held, summary judgment upholding the waiver was proper. Rizzo v Ward, Fourth Circuit, No. 2009-CA-1325 (2/24/10)

LADC Twitter Posts for Week Ending 2010-03-07

LA Defense Counsel — Sun, 07 Mar 2010 21:56:00 +0000

Review by iPhoneJD: Louisiana Legal Ethics iPhone App — Free Louisiana Rules of Professional Conduct App http://bit.ly/blP2pt #

LADC Twitter Posts for Week Ending 2010-02-28

LA Defense Counsel — Sun, 28 Feb 2010 21:56:00 +0000

Louisiana Legal Ethics by Dane Ciolino: There’s an App for That http://bit.ly/12KnZ3 #

Settlement Agreement Releases Defendant’s Employer if No Express Reservation of Rights

Dane Ciolino — Thu, 11 Feb 2010 13:08:06 +0000

A compromise settlement between the plaintiff and the driver, owner and insurer of the offending car provided that plaintiff released “all other persons, firms and corporations” and did not expressly reserve plaintiff’s rights against other defendants. Held, the settlement released the driver’s employer and the employer’s insurer, where there is no allegation that the plaintiff was aware that the tortfeasor was in the course and scope of his employment when the accident occurred. Palmer v Walker, Fifth (La.) Circuit, No. 09-CA-756 (1/12/10).

Summary Judgment Motion Can Rely on Exhibits Already in Record

Dane Ciolino — Thu, 11 Feb 2010 13:05:46 +0000

Deposition testimony filed in the record in connection with an earlier exception may be considered on a subsequent motion for summary judgment; Article 966B does not require that deposition testimony already filed in the record be introduced into evidence at the hearing on the motion for summary judgment. Gatlin v Guy A. Kleinheitz Wheels, Inc., First Circuit, No. 2009 CA 0828 (12/23/09) (Guidry, J, concurs)

UM Coverage and Government-Owned Vehicles

Dane Ciolino — Sun, 07 Feb 2010 16:33:49 +0000

The exclusion of government owned vehicles from uninsured/underinsured motorist coverage thwarts the expressed public policy of the UM statute and is unenforceable. Thus the trial court errs in using the policy language (coverage does not include a vehicle owned by any government or any of its political subdivisions or agencies) to deny coverage. Mednick v State Farm Mut. Auto. Ins. Co., Fifth (La.) Circuit, No. 09-CA-183 (1/26/10) (five judge court; Rothschild, J, dissenting)

LADC Twitter Posts for Week Ending 2010-01-24

LA Defense Counsel — Sun, 24 Jan 2010 21:56:00 +0000

Louisiana Supreme Court Forbids Cash Withdrawals from Lawyer Trust Accounts | Louisiana Legal Ethics http://bit.ly/5soAKz #
16 Simple Rules for Better Jury Selection – The Jury Expert http://bit.ly/4SmIV8 #

LADC Twitter Posts for Week Ending 2010-01-17

LA Defense Counsel — Sun, 17 Jan 2010 21:56:00 +0000

New Proposal Would Require Civil Defense Lawyers to Notify Plaintiffs of Settlement | Louisiana Legal Ethics http://bit.ly/6pht25 #
LADC North Louisiana CLE plans finalized. For details and to register, visit: http://bit.ly/8tnDns #

February North Louisiana CLE

Dane Ciolino — Thu, 14 Jan 2010 23:39:17 +0000

Plans for the LADC North Louisiana CLE program have been finalized. The program will be held on February 5–6, 2010 at The University Club in Shreveport. A total of 10.0 hours of CLE credit can be earned. A cocktail reception will also be held at the conclusion of the Friday program. Speakers include a number of Justice Jeff Victory of the Louisiana Supreme Court, and several other North Louisiana judges. For more information and to register, click here: LADC North Louisiana Seminar.

Appeal

Dane Ciolino — Wed, 13 Jan 2010 03:50:27 +0000

The United States Supreme Court has ruled that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. Effective appellate review of such orders can be had by other means, including post-judgment review. An appellate court can remedy the improper disclosure of privileged materials by vacating an adverse judgment and remanding for a new trial in which the protected material and its fruits are excluded from evidence. In addition, a litigant confronted with a particularly injurious or novel privilege ruling also may ask the district court to certify an interlocutory appeal involving “a controlling question of law,” or may petition the court of appeals for a writ of mandamus, or may defy the disclosure order and then appeal from any contempt order. Mohawk Industries, Inc. v Carpenter, ___ U.S. ___ (2009) (Thomas, J, concurring in part)