Louisiana Partner Prevails in Personal Jurisdiction Issue

Louisiana Partner Thomas M. Richard recently prevailed on behalf of our client, a nonprofit association, in the First Judicial District Court for the Parish of Caddo, State of Louisiana, in a personal injury case.

Plaintiffs, a minor, her trust and her parents, filed suit against our client and other defendants following a non-fatal drowning incident at a member association’s swimming pool in Shreveport, Louisiana. Plaintiffs claimed substantial personal, physical and emotional injuries and damages.

Following extensive discovery by Plaintiff regarding jurisdictional matters, as well as liability and damages, Tom filed an Exception of Lack of Personal Jurisdiction. The Exception addressed whether a Louisiana court could maintain personal jurisdiction over our client due to its relationship and contacts with nationwide member associations, which are separate legal entities, and distinguished recent Supreme Court jurisprudence that expands the concept of personal jurisdiction. This is an important issue because our client must preserve the relationship it has with member associations. Historically, misunderstandings about this affiliation have resulted in our client being incorrectly sued in states where it does not do business, but has member associations.

In January 2023, Tom’s Exception was sustained and our client was dismissed from the suit without appeal from Plaintiffs.

Tom has more than 38 years of litigation experience in a wide array of defense matters including general liability, insurance coverage and bad faith litigation. He also handles claims involving construction defects, automobile, trucking and non-medical professional liability.