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…
Articles Posted in Legal Definitions
When the Law Is Silent: How Louisiana Judges Uphold Justice
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…
Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose
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…
Legislation vs. Custom: Unpacking the Foundations of Louisiana Law
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…
The Advocate Highlights Jeff Berniard’s Expertise in Smitty’s Supply Explosion Case
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…
Berniard Law Firm Takes Legal Action for Families Displaced by the Smitty’s Supply 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…
Community Concerns After the Smitty’s Supply Explosion in Tangipahoa Parish
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…
Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?
The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land. Case Background Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across…
When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury
A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party…
Subrogation Rights Upheld: Insurer’s Claim Prevails Despite Settlement
In the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a claim to its insured, to step into the insured’s shoes and seek reimbursement from the party responsible for the loss. But what happens when the…