Insurance Dispute Lawyer Blog

The Clock of Justice: When Do Louisiana Laws Take Effect?

Published on: October 28, 2025 | By Berniard Law Firm

Understanding When Louisiana Laws Apply: A Guide to Prospective and Retroactive Effects

Imagine you’re involved in a legal matter, and the legislature passes a new law. Does it affect your situation? Or does it only apply moving forward?

The timing of when a law takes effect — and whether it applies to past events — can drastically impact legal outcomes. In Louisiana, this concept is governed by Civil Code Article 6, which establishes when laws apply prospectively (looking forward) or retroactively (looking backward).

When the Law Is Silent: How Louisiana Judges Uphold Justice

Published on: October 28, 2025 | By Berniard Law Firm

The Unforeseen Gaps: Why Laws Can’t Cover Everything

Imagine Louisiana’s laws as a vast, detailed tapestry woven to guide every aspect of daily life. Even so, no legal system — no matter how comprehensive — can anticipate every possible situation.

So, what happens when a dispute arises in court, and no written statute or established custom directly applies?

Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

Published on: October 28, 2025 | By Berniard Law Firm

Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window. Have you ever read a law and wondered what it truly means? Or found yourself facing a situation where a rule seemed to apply — but its exact implications were unclear?

In Louisiana, our legal system is based on the civil law tradition, meaning that interpretation depends heavily on the Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.

Legislation vs. Custom: Unpacking the Foundations of Louisiana Law

Published on: October 27, 2025 | By Berniard Law Firm

The Building Blocks of Justice: How Louisiana Laws Are Made

Louisiana’s legal system is unique, drawing heavily from its Civil Code tradition. Unlike many other states that primarily rely on ‘common law’ (judge-made law), our system is rooted in comprehensive written statutes. But where do these rules come from, and how do we interpret them? Understanding the foundational principles of Louisiana law, as laid out in the Louisiana Civil Code, is key to knowing your rights and obligations.

Legislation: The Primary Source of Our Laws (Louisiana Civil Code Article 2)

The Foundations of Louisiana Law: Where Our Rules Come From

Published on: October 23, 2025 | By Berniard Law Firm

What is Law in Louisiana? More Than Just Written Words

Have you ever wondered what makes something a “law” in Louisiana? It might seem like a simple question, but understanding the true sources of our legal rules is crucial for navigating everyday life and protecting your rights. In Louisiana, a unique legal system rooted in the civil law tradition, the answer is a fascinating blend of official pronouncements and long-standing practices. Today, we’ll break down the fundamental concepts found in Louisiana Civil Code Articles 1, 2, and 3, which together explain where our laws originate.

The Primary Source: Legislation – The Will of the People (CC 1 & 2)

The Advocate Highlights Jeff Berniard’s Expertise in Smitty’s Supply Explosion Case

Published on: September 5, 2025 | By Berniard Law Firm

Fire and smoke rise from a chemical plant following the Smitty’s Supply explosion in Tangipahoa Parish.

The Advocate recognized attorney Jeff Berniard for representing families impacted by the Smitty’s Supply chemical plant explosion and fire.

The Advocate recently recognized Attorney Jeff Berniard and the Berniard Law Firm for their role in representing families displaced by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Read the full Advocate article here.

The feature highlights Berniard’s track record of success in large-scale litigation. Over his career, he has served as class counsel and lead counsel in numerous high-profile cases, including lawsuits involving chemical leaks, defective products, insurance bad faith practices, and environmental disasters.

Berniard Law Firm Takes Legal Action for Families Displaced by the Smitty’s Supply Fire

Published on: August 26, 2025 | By Berniard Law Firm

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire. When the Smitty’s Supply facility erupted in flames on August 22, 2025, residents within a one-mile radius were ordered to evacuate. Families were forced from their homes, many for several days, unsure of when it would be safe to return. In the aftermath, thick soot, oily residue, and chemical contamination settled on homes, vehicles, and property—leaving long-term damage and raising serious questions about insurance coverage.

The Berniard Law Firm has filed a class action lawsuit against Smitty’s Supply, Inc. seeking justice for affected residents. The petition alleges negligence, gross negligence, nuisance, trespass, and strict liability, arguing that Smitty’s failure to properly store and manage dangerous chemicals directly caused the disaster.

Residents have reported:

Community Concerns After the Smitty’s Supply Explosion in Tangipahoa Parish

Published on: August 25, 2025 | By Berniard Law Firm

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire. The Smitty’s Supply plant explosion and fire in Roseland, Louisiana on August 22, 2025 has left the Tangipahoa Parish community shaken. Families were forced to evacuate, businesses were disrupted, and questions remain about the long-term impact of the disaster.

While officials report that the fire is largely contained, many residents are still facing uncertainty—about their health, their homes, and their future.

What Residents Experienced

Stairway to Dismissal: Missed Deadline Leads to Summary Judgment in Injury Case

Published on: December 11, 2024 | By Berniard Law Firm

stairs_away_gradually_rise-scaled This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them.

Case Background

Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in the staircase caused his injuries. The City filed a motion for summary judgment, which the Koubas opposed. However, they missed the deadline to file their opposition and requested a continuance (postponement) of the hearing. The trial court denied their request and granted summary judgment in favor of the City.

Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

Published on: December 11, 2024 | By Berniard Law Firm

medical_instruments_examination_424729-scaled The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it.

Case Background

Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel had previously reviewed the case and found no breach of the standard of care by Dr. Jameel. Despite this, Claire proceeded with her lawsuit. The trial court granted summary judgment in favor of Dr. Jameel, and Claire appealed.