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Louisiana Insurance Litigation Blog

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The C.L.U.E. in You

If you have made a loss claim with your insurance company within the past seven years, there may be a file with your name on it, identified as your C.L.U.E. report. C.L.U.E., or Comprehensive Loss Underwriting Exchange, is a claims history database created by ChoicePoint, and it enables insurance companies…

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Personal Privacy Pivotal in Developing New Laws

For many of us, we have seen technology bloom at an amazing speed, progressing from radios to televisions, computers that filled rooms to ones that lay on our laps, and now to small and very powerful mobile phones. We rely heavily upon these tiny complex devices that reside in our…

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The Patenting of Human Genes

In 1980 The U.S. Supreme Court ruled, under section 101 of the Patent Act, that a live, artificially engineered microorganism is patentable. The patenting of human genes is much like any other patent, but more recently, the commercialization of those patents can be seen as a monopoly. Myriad Genetics was…

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Darvon, Darvocet Linked to Serious Heart Risks

The Food and Drug Administration has recently banned two narcotics used for mild to moderate pain, Darvon and Darvocet, manufactured by Xanodyne Pharmaceuticals. These two drugs contain the compound propoxyphene, which studies link to serious and sometimes fatal heart rhythm problems. Propoxyphene was first approved by the FDA in 1957,…

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BP Cleanup Workers

Thousands of gulf oil spill clean-up workers were hired as a result of the Deepwater Horizon disaster. These workers were adorned with clean up suits, gloves and masks. Interactions between the workers and the oil and dispersants creates health problems for the workers. Crude oil or Petroleum is a complex…

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Thornhill Law Firm for Leadership in BP Oil Spill Litigation

In connection with recent British Petroleum disaster, Thornhill Law Firm has submitted the following information for consideration by the Court for leadership positions: 1. Thornhill Class Action Experience begins in 1992 and includes mass and toxic tort classes: Thornhill is the managing partner of the Thornhill Law Firm located in…

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Oil Spill

The oil spill catastrophe caused by BP, Anadarko, Haliburton, Mitsui/MODEC, M-I Swaco and perhaps others is causing damages to shrimpers, boat owners, businesses and to the wildlife, fish, birds and animals. Thornhill Law Firm is pursing class actions in federal district court in New Orleans and in Gulfport. In addition,…

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Punitive Damages Against State Farm

The issue of application of Illinois punitive damages laws arises with respect to State Farm in large measure because of the recent decision in the matter styled Campbell v. State Farm Mutual Automobile Insurance Company, No. 98-1564 (UT S.Ct. 10/19/01) 2001 UT 89. With respect to State Farm’s adjustment practices,…

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Punitive Damages in Louisiana

Louisiana allows punitive damages only in very limited circumstances against insurers. The limited circumstances under which persons can recover are set out at La. R.S. 22:658, which provides as follows: §658. Payment and adjustment of claims, policies other than life and health and accident; personal vehicle damage claims; penalties; arson-related…

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Preservation of Evidence

On October 9, 2009, Judge Fallon of the Eastern District of Louisiana issued Pre-Trial Order No. 1(B) – Preservation of Evidence. The Order outlines the requirements for the preservation of all physical evidence, including drywall, HVAC coil material, plumbing components, electrical components and any other personal property items. When preserving…

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