Louisiana Insurance Litigation Blog

Succession and the Transmission of Property in Louisiana

Wed, 09 May 2012 09:59:53 -0600

In Louisiana, Succession is the transmission of the estate of a deceased person to his successors. La. C.C. art. 871. The successors thus have the right to take possession of the estate of the deceased after complying with applicable provisions of law. Succession occurs at the death of a person. La. C.C. art. 934. There are two kinds of successions: Testate and Intestate. When this transmission is done by operation of law, it is called intestate succession. When it is done through the provisions of a will (also called a testament), it is called testate succession. La. C.C. arts. 873-875. The estate of a deceased person means the property, rights and obligations that a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The estate includes not only the rights and obligations of the deceased as they exist at the time of death, but all that has accrued thereto since death and the new charges to which it becomes subject. The estate in Louisiana, however, has no separate legal existence like a corporation or partnership does. In re Succession of Moore, No. 97-1668 (La.App. 4th Cir. 1998), 737 So.2d 749. The successors to a deceased person’s estate are called heirs when there is intestate succession and legatees when there is testate succession. La. C.C. art. 876. The right to take possession of property, whether the person receiving the property is an heir or a legatee, does not arise automatically. In Louisiana, the heirs or legatees must comply with certain provisions of the law. Usufruct is the right to use property during the existence of the usufruct period to the exclusion of the owners of the property. La C.C. arts. 535, 539. In Louisiana, it is actually a limitation on the right of ownership, where the right to use the property is granted to a person different than the owner. The owner of property subject to a usufruct is called the naked owner. Forced heirs are descendants of the first degree who, at the time of the death of the decedent, are twenty-three years of age or younger or descendants of the first degree of any age, who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their person or administering their estates at the time of the death of the decedent. A person is twenty-three years of age or younger until he/she attains the age of twenty-four years. The existence of forced heirs is irrelevant if there is no testament left by the decedent.

Continued Push for Restore Act by Gulf State Legislators

Thu, 19 Apr 2012 09:43:50 -0600

Fines and/or penalties paid by BP will be paid to Gulf Coast states under the proposed "Restore Act." Eighty (80) percent of any fines/penalties assessed in connection with the April 20, 2010, BP disaster would be paid to the five Gulf Coast states, where it would be distributed for economic and environmental restoration projects and scientific research. Under the current Clean Water Act, the fines from the BP spill go into a fund to help pay for future disasters. Rep. Kathy Castor, D-Fl, co-chair of the Congressional Gulf Coast Caucus comments on the failure of Congress to move the proposed Restore Act saying, “I’m disappointed there hasn’t been movement. I thought this would be a no-brainer.” The proposed Restore Act was added as an amendment to the current bipartisan Transportation bill, which has passed the Senate. The House version has stalled, and has been extended from July 1 through the end of September this year. Paying BP fines/penalties directly to the affected areas of the Gulf coast should help reestablish the local businesses, assist fisheries, and encourage restoration of the environment and our way of life.

BP Settlement Update

Wed, 18 Apr 2012 15:53:54 -0600

Today, in the BP case, on April 18, 2012, U.S. District Judge Carl Barbier was presented with the formal terms of a proposed class-action settlement designed to pay out billions of dollars in economic and medical damage claims resulting from the April 20, 2010 oil and gas blow out in the Gulf of Mexico. BP will pay in full, in acordance with the terms of the settlement, when approved, all claims described, inlcuding business claims, and personal injury claims, that fit within the defined terms of the settlements. There is not a cap on the total payments, although BP estimates its exposure as seven billion, eight hundred thousand (US $7.8 Billion) dollars. This settlement also does not decide claims for punitive damages against BP, the ship owner, Transocean Ltd, and cement contractor Halliburton. A status conference is scheduled for May 3, to discuss plans for the projected trial of the remaining parties involved.

There is still time to file your claim against BP! Thornhill Law Firm is filing claims for BP victims, including business and medical claimants in order to recover the amount due and deserved. For immediate assistance, you may contact Thornhill Law Firm at (985) 641-5010, toll free, (800) 989-2707, or by using the “Contact Us” form on the website for Thornhill Law Firm.

Foreclosure Help and Assistance

Tue, 10 Apr 2012 10:35:14 -0600

Troubles with potential foreclosure on your home? There are defenses and remedies in the law that may assist you (see below). Thornhill Law Firm will provide the legal assistance to identify and develop your defenses to foreclosure. Call Mitch if you have questions: 985-641-5010, toll free: (800)-989-2707.

LSA-CCP art. 2751, et seq. Grounds for arresting seizure and sale; damages.

The defendant in the executory proceeding may arrest the seizure and sale of the property by injunction when the debt secured by the security interest, mortgage, or privilege is extinguished, or is legally unenforceable, or if the procedure required by law for an executory proceeding has not been followed.

BP Settlement Extends Claims

Tue, 10 Apr 2012 09:52:21 -0600

BP economics and medical claim? The time is perfect to engage counsel to file your claim for business losses and medical claims. Thornhill Law Firm will provide the required experts and legal assistance to develop the claims against BP, all in accordance with the expected settlement by the PSC with BP. Call Tom if you have questions: 985-641-5010, toll Free: (800)-989-2707.

Chinese Drywall Damage Tops 100,000 Homes

Tue, 10 Apr 2012 09:44:43 -0600

Chinese drywall in your house or building? It is not too late to file a claim. The settlement with Knauff is not final and a bar date has not been issued. Claims against other manufacturers are also still pending.

So, it is not too late for filing claims. Thornhill Law Firm is ready to send experts to test, evaluated and develop your claim for Chinese drywall damages by filing through the lawyers at Thornhill Law Firm. Call Emily if you have questions: 985-641-5010, toll Free: (800)-989-2707.

Temple Inland Paper Mill Spill March Status Update

Mon, 02 Apr 2012 11:41:34 -0600

The Plaintiff's Steering Committee ("PSC") is still engaged in adversarial discovery process. Many more samples and tests are still required to know the scope of the loss of fish and wildlife, the impact on the commercial fisherman, land owners, water quality and associated use rights. Our objective is to determine the effects of the release(s) and the content(s) of the release(s) through our experts.

On February 15, 2012, we filed our First Amended Master Class Action Complaint and included all insurance companies providing coverage for Defendant. A Status Conference has been set before the Honorable Lance Africk in the U.S. District Court for the Eastern District of Louisiana for April 13, 2012 at 7:30 a.m. If you have any updated documentation to support your claim, please be sure to get that information to my office at your earliest convenience. In the meantime, if you have any questions, please do not hesitate to contact our office.

Frequently Asked Questions Regarding Deepwater Horizon Medical Benefits Settlement

Fri, 16 Mar 2012 14:59:35 -0600

These FAQs provide general information regarding the Agreement-in-Principle reached on
March 2, 2012 between the Plaintiffs' Steering Committee and BP. It is important to keep in mind that:

The Parties to the Agreement-in-Principle are attempting to complete a final Settlement Agreement to be submitted to the Court by April 16, 2012. Details are still being completed by the Parties for inclusion in the final Settlement Agreement. If the Parties are able to timely complete the final Settlement Agreement and it receives preliminary approval from the Court, then a detailed, court-approved notice program will be initiated and detailed information about the final Settlement Agreement will be available for class members.

These FAQ s summarize aspects of the Agreement-in-Principle. They are not a complete discussion of that Agreement. The information in these FAQs may be subject to change based upon the terms of the final Settlement Agreement, if it is reached by the Parties.

This FAQ is preliminary, subject to change, and is not approved by the Court. THIS FAQ IS DRAFTED BY THE MDL 2179 PLAINTIFFS' STEERING COMMITTEE.

Frequently Asked Questions Regarding Deepwater Horizon Economic and Property Damages Settlement

Fri, 16 Mar 2012 14:32:42 -0600

These FAQs provide preliminary general information regarding the Agreement-in-Principle reached on March 2, 2012 between the Plaintiffs' Steering Committee and BP. It is important to keep in mind that:

The Parries to the Agreement-in-Principle are attempting to complete a final Settlement Agreement to be submitted to the Court by April 16, 2012. Details are still being completed by the Parties for inclusion in the final Settlement Agreement If the Parries are able to timely complete the final Settlement Agreement and it receives preliminary approval from the Court, then a detailed, court-approved notice program will be initiated and detailed information about the final Settlement Agreement will be available for class members.

These FAQs summarize aspects of the Agreement-in-Principle. They are not a complete discussion of that Agreement. The information in these FAQs may be subject to change based upon the terms of the final Settlement Agreement, if it is reached by the Parties.

These FAQs are being made available because many potential class members have raised questions before the final Settlement Agreement is completed. These FAQs are intended to provide general background regarding the transition from the GCCF to the new settlement claims facility and the types of Claims which will be available for processing in the new facility.

This FAQ is not intended to serve as official notice, and has not been approved by the Court, and is preliminary, and subject to change.

THIS FAQ IS DRAFTED BY THE MDL 2179 PLAINTIFFS' STEERING COMMITTEE.

Plaintiffs Reach Settlements with BP

Tue, 13 Mar 2012 18:04:56 -0600

On Friday, March 2, 2012, the Plaintiffs Steering Committee was able to negotiate a settlement of claims with BP prior to the much anticipated trial set to begin on March 5, 2012. Two separate settlements were negotiated, which will provide much needed relief to plaintiffs who suffered economic losses, as well those with medical claims. The settlements will be administered by the District Court for the Eastern District of Louisiana, and seek to fairly compensate individuals affected by the April 20, 2010 disaster. The settlement does not have a cap, which means all claims will be assessed fairly for their own value, as opposed to getting a portion of a settlement pool. BP, as required by United Kingdom regulations, has estimated the cost of the settlement at $7.8 billion.

The settlements include claims that were not previously paid by the Gulf Coast Claims Facility, the organization set up by BP to administer the $20 billion claims fund set up in 2010. These include claims for loss of use and enjoyment of water front property and medical claims. One key aspect of the economic loss settlement is that it recognizes a “one size fits all” approach will not work, and has set forth provisions which seek to fairly compensate the victims of this disaster. The medical claims settlement not only compensates for injuries, but also sets forth a medical consultation program, which provides that the injured are seen by healthcare professionals for the next 21 years. The settlement will also fund an outreach program, which will promote physical, mental, and behavioral health in areas affected by the oil spill.

If you feel you were impacted by the BP Oil Spill and you wish to learn more about your legal rights and the settlement process, you should consider contacting an attorney. Thornhill Law Firm, A PLC has experience with large class action settlements, and for information on how we can help, please contact our office at (985) 641-5010 or by using the Contact Us form on our website.

Temple Inland Paper Mill Spill January Status Update

Fri, 27 Jan 2012 15:49:05 -0600

The Plaintiffs' Steering Committee ("PSC") appointed by Judge Lance Africk of the United States District Court, Eastern District, Louisiana has been engaged in adversarial discovery process. Although Temple Inland ("TIN") has begun to comply, many more samples and tests will be required to know the scope of the loss of fish and wildlife, the impact on the commercial fishermen, land owners, water quality and associated use rights. Toward that end, we have scheduled testing. Our objective is to determine the effects of the release(s) and the content(s) of the release(s) through our experts. A preliminary expert report on the number of fish killed has been issued, subject to revision after complete testing in the river.

A status conference is set for February 8, 2012 with Judge Africk. If you are one of our class members and have any updated documentation to support your claim, please be sure to get that information to our office at your earliest convenience.

Temple Inland Paper Mill Spill Case Advances

Fri, 06 Jan 2012 11:39:33 -0600

Thornhill Law Firm filed the Evans class action, which has been established by federal Judge Africk as the lead action against TIN, Inc. d/b/a Temple Inland (“TIN”). All other cases with similar issues and damages are consolidated under the Evans class action in order to efficiently and most accurately work through the legal process. The court has appointed Tom Thornhill as Liaison Counsel and has appointed a Plaintiff’s Steering Committee (“PSC”) to serve with alongside to prosecute all claims against the TIN.

We have initiated expedited discovery in the case including Rule 26 Disclosures required by law where we obtain documents, evidence, and answers to vital questions relevant to this lawsuit. The expedited discovery includes an Order issued on December 12, 2011 by federal Magistrate Judge Alma Chasez to TIN to provide us with all test results issued and all samples taken by TIN. Our objective is to determine the effects of the release(s) and the content(s) of the release(s) through our experts. A preliminary expert report on the number of fish killed has been issued subject to revision after complete testing in the river.

We intend to file a Master Complaint on January 11, 2012, and a status conference was held December 28, 2011 with the Judge. If you are a class action member we will be contacted you in the next sixty (60) days for additional information to support your claim. Meanwhile, if you have any additional photos or updated documentation to support your claim, please be sure to get that information to our office at your earliest convenience.

In the meantime, we will continue to aggressively pursue the claim against the Defendant. We will contact you throughout this process with requests for necessary information. If you have any questions, please do not hesitate to contact our office.

Court Order Regarding Preservation of Evidence in the Temple Inland, Pearl River Spill

Mon, 26 Sep 2011 11:38:41 -0600

Joint Motion for Protective Order Regarding Preservation of Evidence and Production of Insurance Information

Black Liquor Fish Kill in the Pearl River - A Documentary Film by Dana Holyfield - Evans

Fri, 02 Sep 2011 14:09:29 -0600

Temple Inland Discharge Plan Approved by the Louisiana DEQ

Fri, 26 Aug 2011 09:29:10 -0600

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