The law on defamation as established in the US Supreme Court case of New York Times Co. v. Sullivan was just recently utilized in overturning an $8 million jury verdict against singer Courtney Love. Love had posted a message to Twitter critical of her attorney, but quickly erased it and claimed in court that she believed she was posting a private direct message rather than a publically-available Tweet.
New Orleans Personal Injury Law Blog
A 24-year-old driver who allegedly fled the scene of a fatal accident in Louisiana was apprehended after causing another injurious wreck after fleeing to Mississippi. The man was taken into custody on Feb. 27 after committing the second hit-and-run car accident. Authorities say the driver is accused of causing a wreck in Metairie, Louisiana, that left a 75-year-old man dead. He is likely to face charges of negligent homicide, carjacking and hit and run, according to authorities in Jefferson Parish.
Official reports show that the man, visiting from Oklahoma, borrowed a vehicle from his relatives without asking. He then rear-ended a driver on Veterans Boulevard in Metairie, sending that vehicle flying into a utility pole. The driver of that vehicle was taken to the hospital, but he died shortly after the wreck.
Relatives of an inmate who died while in the care of a Louisiana corrections facility is seeking financial compensation from the East Baton Rouge Sheriff's Office and emergency medical staff. The victim, age 43, died after being held in the East Baton Rouge Parish Prison for 13 days. He was originally arrested on allegations of disturbing the peace. The wrongful death lawsuit alleges that the victim, a paranoid schizophrenic, should have been placed in a medical facility instead of in a jail.
The man's father alleges that the victim became belligerent while in custody, so he was placed in restraints. The man was also reportedly beaten after he spit on several corrections employees. Reports show that a physician did not visit the man until he had been incarcerated for nearly a week. Restraints used during the altercation with officers reportedly caused lacerations in the man's skin. Those cuts became infected because the man had been forced to sit in his own excrement; the infection from those wounds ultimately took the man's life.
A landmark study could help Louisiana parents and coaches make better decisions about helmets used on sports teams. With mounting concern about brain injuries and concussions in sports such as football, it appears that scientists only now decided to rank helmets based on their ability to protect against concussion. Researchers tested 10 of the most commonly used helmets, conducting evaluations that measured commonly experienced forces.
The result: All of the helmets were terrible, according to the research team. The helmets were generally unable to prevent concussion. That information, scientists say, should be used to influence safety within football culture. Not only should coaches be instructing players in safe tackling techniques, but they should also encourage even young players to strengthen their shoulder and neck muscles. Additional rules about helmet-to-helmet contact should also be rigidly enforced.
A Louisiana facility is facing sanctions after an investigation into an August 2013 worker injury. The victim was injured while working when a chemical fire broke out at the Natural Advantage site in Oakdale, Louisiana, according to reports from the Occupational Safety and Health Administration. In all, the company received 19 serious citations for safety and health violations at that facility. Serious OSHA violations occur when an employer fails to correct hazards that could lead to serious injury or death.
Natural Advantage is a facility that employs about 90 workers. It manufactures a variety of food and drink flavorings through its chemical production facilities in Oakdale and Lakeland. The company reportedly began as a research laboratory.
Two Louisiana teens were killed and five others injured after a serious crash in Tioga. News reports show that the high-school students were involved in the car accident during the evening hours on Jan. 27, when the driver crested a hill at a high rate of speed. The vehicle became airborne and the 16-year-old driver lost control of the 2011 Jeep SUV, eventually plunging off the road and smashing into a tree. None of the students was wearing a seat belt, according to investigators. The conditions of the injured teens have not been released.
The community has been hard-hit by student deaths during this school year, as teens from two nearby schools died during separate wrecks that occurred on the same weekend in November. Another student in the area died after contracting H1N1 influenza, according to authorities. As a result, counselors are being made available to both high school and middle school students in the area. Many at the middle school are familiar with those students because some are still underclassmen.
The Olympic Games are once again upon us, and they are a great time for our nation to come together and rally around a single cause, and to take pride in our accomplishments.
A new ride-sharing service called Uber is facing civil action after a driver allegedly struck and killed a child on the West Coast. Uber does not yet have a presence in Louisiana, according to the company's Web site. A wrongful death suit has been filed in the matter. This could force the company, which has enjoyed a nebulous existence because of regulatory shortcomings, to properly define its business activities.
This case is not only high-profile but also rather delicate. Uber allows drivers to provide rides for others in a metro area for profit. The driver in this case was logged into an app that listed the vehicle as 'available' at the time of the crash. The vehicle was not carrying a passenger. Uber thus argues that it is not responsible for the death because the vehicle was being used for private transportation.
Hundreds of Louisiana workers suffer serious injury on the job each year. In many of those cases, employers fight against paying workers' compensation, attempting to discredit the workers who have suffered because of workplace negligence. Qualified personal injury attorneys in Louisiana can help fight this type of workplace negligence, which can manifest as a general ambivalence toward safety procedures. One company in nearby Texas is paying the price for its decision to ignore worker safety, for instance, receiving thousands of dollars in fines because it exposed workers to dangerous chemical hazards.
Official reports show that Lazarus Energy is facing $43,400 in federal fines from the Department of Labor's Occupational Safety and Health Administration. Those fines are related to 11 safety violations discovered during an inspection in 2013. That inspection was prompted by the Environmental Protection Agency, which identified problems with the organization's chemical handling processes. Both the EPA and OSHA work to prevent the release of dangerous chemicals from hazardous manufacturing sites; the EPA strives to protect the environment, while OSHA is concerned with the workers who handle the hazardous materials.
President Obama called this morning for what he characterized as a significant overhaul of the NSA's data mining program. The program was brought to public attention last year when former NSA contractor Edward Snowden leaked millions of classified documents to news sources, exposing the extent of the federal government's intrusion into our privacy.