During the 2026 Louisiana Legislative Session, lawmakers are considering several measures that could significantly affect personal injury lawsuits and civil procedure. Proposed measures include House Bill 118, which would impose a $5 million cap on general damages, and House Bill 240, aimed at limiting and regulating third‑party litigation funding arrangements. Another proposal, Senate Bill 67,…

Louisiana personal injury law changed significantly in 2025 with the elimination of the “Housley presumption,” a rule that had favored injured plaintiffs for more than 30 years. Under the new law, courts can no longer presume an accident caused an injury simply because a person was healthy before the accident and developed symptoms afterward. Instead,…

Louisiana recently amended its Direct Action Statute, which affects when injured persons can name an insurance company as a defendant in a lawsuit. Under the revised law, accident victims generally may no longer directly sue the at‑fault party’s insurer unless specific exceptions apply, such as bankruptcy, denial of coverage, or uninsured/underinsured motorist claims. This is…

On March 6, 2026, Jim Rather presented a class to the Southwest Louisiana Apartment Association, updating its property management professionals on recent legislation, state and federal Fair Housing laws and Louisiana landlord-tenant law.

“James Rather and the team at his firm were the silver lining on the clouds of the darkness we faced while dealing with our case. From our first meeting, Jim was attentive, genuine, and displayed a compassionate, caring spirit. His knowledge and professionalism were a great comfort to us, and he always kept us informed…

In a recent decision, Barber Brothers Contracting Co., LLC v. Capitol City Produce Co., LLC, the Louisiana Supreme Court reaffirmed the important role juries play in evaluating the facts in personal injury cases involving catastrophic injuries. The case arose from a serious motor vehicle collision that left a commercial driver with traumatic brain injuries and…

Louisiana law recently changed in a way that directly impacts claims involving accidents, personal injuries and other claims for damages. As of July 1, 2024, most personal injury and damage claims have a two‑year filing deadline or prescriptive period, instead of the former one‑year deadline. Under Act 423 of the 2024 Legislative Session, Louisiana Civil…

In Angelica v. Wilkerson, et al, a wrongful death and survival case arising out of a vehicle-pedestrian accident in Metairie, Jim Rather and Mike Alker won at the Louisiana 5th Circuit Court of Appeal on April 9, 2025, obtaining a ruling which reversed the trial court’s judgment and awarded damages to their client of nearly…

For multi-family owners whose portfolios include properties with LIHTC, PBV or Section 8 units, or those with federally backed mortgages, there is a significant regulatory update from the Department of Justice (DOJ) regarding Title VI of the Civil Rights Act of 1964. On December 10, 2025, the DOJ published this Final Rule that amends its…

In Alexander, a case involving alleged mold exposure in an apartment community, the Louisiana Fifth Circuit Cout of Appeal granted a Writ Application Jim Rather filed on behalf of his client, reversing, in part, the trial Court’s denial of its Exceptions of No Right of Action and Cause of Action.