Staying Healthy with Health Savings Accounts
August 2023First Person: Kathleen Kay
August 2023In every corner of Southwest Louisiana, the profound impact of legal heroes echoes loudly. From defending the rights of the voiceless to ensuring fairness in the face of adversity, they have exemplified the true essence of empathy and compassion. Whether in the courtroom or through pro bono services, their unwavering commitment has left a mark on countless lives, illuminating a path towards a brighter future.
Throughout the pages ahead, we celebrate local firms who have shown a dedication to justice in their work. We will learn how they turned adversities into opportunities and challenges into triumphs. By shedding light on their tireless efforts, we hope to inspire and ignite a spark within our readers to make a positive impact, no matter how small.
Toughest Cases
by Katelynn Mouton
Mr. Fred Rogers, while advising his preschool audience once upon a time, shared the advice his mother once gave him, always look for the helpers. Whether it’s a complex civil matter or a criminal matter, the helper you are looking for just might be behind the door of a local law firm.
Four local attorneys share stories of their most memorable cases in this edition of The Justice League.
The Johnson Firm
Adam Johnson has been practicing law for 13 years and is currently a partner at The Johnson Firm.
When a mother had all four of her children taken away by the Department of Children and Family Services (DCFS) due to an injury to one of her children, Johnson felt called to be a helper.
“Criminal charges were simultaneously brought against her related to the same incident, but the injury was the result of an accident—plain and simple,” says Johnson. “She was guilty of no crime and DCFS should never have taken her children away. What was unique about this case, aside from having to defend two cases at once (against DCFS and the State), was how aggressively DCFS pursued the case against her and how aggressively they influenced the State to do the same.”
The jury in the criminal case returned a verdict of not guilty very quickly, but DCFS continued to pursue their case against the mother, according to Johnson.
“We went to trial again, this time against DCFS. We won and the Judge ordered the children returned to her immediately. It was a magnificent feeling to win for someone who thought all along, based on her situation and social economic status at the time that she was going to lose, but who loved her children and would never stop fighting for them.”
The challenge of a case like this can prove to be rewarding beyond measure for the client and the attorneys stepping into the courtroom.
“My family and I lived this case with the client for four years, it brought us closer together, and made us more grateful for the small things,” Johnson adds. “We had to help this client because what DCFS and the State were trying to do simply wasn’t right. We worked pro bono because of how passionately we felt about her case and her innocence.”
A case like this can offer a solid affirmation of why any attorney chooses the legal profession.
“I grew up watching my dad, an outstanding lawyer, fight to help people every day for the right reasons. I also watched my dad practice his faith in his work every day and put it into action. I loved watching him help people and be a friend and a zealous advocate to those in need—that’s why I chose to become a lawyer too. And I really do get to do that as part of my criminal practice every day—to be a friend to those who are in desperate need of a friend at often their lowest point in life—at a time where others might not want to be their friend or associate with them.”
Learn more at www.johnsonfirmla.com.
Hoffoss Injury Lawyers, LLC
Lee Hoffoss, managing partner at Lee Hoffoss Injury Lawyers, LLC, has been practicing law for 19 years, fighting for many clients along the way, but one case in particular stands out.
“Our medical billing class actions are the most memorable,” reflects Hoffoss. “It was a novel theory of liability against hospitals and ambulance companies refusing to accept a patient’s health insurance when that patient was involved in a motor vehicle accident caused by the fault of another driver.”
In this case, the hospitals and ambulance companies attempted to collect the full charge rate from the patient instead of filing on the patient’s health insurance and accepting a reduced billing rate paid by a health insurer.
“Our firm was lead counsel in numerous cases filed against hospitals and ambulance companies around the State,” explains Hoffoss. “Cases were fought against some of the largest companies in the country, across eight district courts and argued in four Louisiana Courts of Appeal and four times at the Louisiana Supreme Court.”
Ultimately, Hoffoss and his team were able to stop these companies from engaging in these illegal practices and stop the overbilling that had been taking place for more than a decade.
“The most rewarding part of this case was getting patients reimbursed millions of dollars in medical bills unlawfully collected,” Hoffoss reflects. “Regardless of whether it’s a car accident or hurricane claim, it is always about David fighting Goliath—making sure the little guy has a strong voice against big insurance companies and corporations.
Learn more at www.getlee.com.
Brashear Law
Justin Brashear has been a practicing attorney for a decade and is currently CEO at Brashear Law.
His work has varied over the years, but he really enjoys helping people who are injured or who have otherwise lost something.
“Lately, that has been primarily in hurricane litigation,” Brasher says. “Each of these cases tells an individual story of loss, resilience and hope. It’s a pleasure to watch my clients get the opportunity to rebuild their lives.”
Brashear says that each of these cases offers the opportunity to see his clients become empowered to be their own hero. “We see them standing up for themselves and working hard to take back what they lost. It is extremely rewarding to be part of this journey with them.”
These cases also help make a positive impact.
“We help our clients through some really significant problems, whether that’s recovering lost wages, paying medical bills, dealing with physical pain and suffering, or putting a roof back on their house,” Brashear explains. “It matters because our work helps change lives in our community.”
Learn more at www.brashear-law.com.
SWLA Injury Attorneys
SWLA Injury Attorneys opened recently, but Michael J. Williamson has been a practicing attorney for 17 years.
One memorable case is that of an 82-year-old client who was driving home from a doctor’s appointment when an armored truck pulled out in front of him.
“There was heavy traffic at the time and the driver was rushing to complete his pickups, my client was unable to stop in time and his small car was heavily damaged,” explains Williamson. “The company blamed our client and refused to pay for damages. Unfortunately our client passed away months later while undergoing surgery related to the injuries he sustained in this crash.”
Williamson took on the case, even though it would prove to be difficult. “Ultimately we learned that this armored trucking company had a poor safety record and a history of scheduling too many pickups for drivers to safely complete during their shifts. The company also had a history of ignoring serious driving infractions documented by the onboard computers.”
Williamson successfully proved that the reckless safety culture of the company caused the crash, and not his now deceased client.
“At first glance our client seemed to have responsibility for the crash, but an in-depth analysis proved otherwise,” adds Williamson. “This case taught me that cases, like people, should not be judged from afar.”
Williamson says helping the family, who lost its patriarch, was rewarding. “Before he died, I got to know him on a personal level, helping me to understand why it was so important that he not be blamed for the crash. I truly believe we helped right a wrong, which is one of the most rewarding aspects of our profession.”
This case spoke personally to Williamson and reaffirmed his chosen career.
“I come from a working class family that has always had to fight for its place in society, instilling a strong desire in me to fight for regular people,” Williamson explains. “Too often those with power and money dictate the rules to regular people, but the legal field is specifically designed to level the playing field, holding big corporations and insurance companies accountable.”
Learn more at www.swlainjuryatty.com.
Yep! That’s Illegal
Inspired by Napoleonic Code, Louisiana is the only civil jaw jurisdiction in the United States. This French-influenced legal system encourages direct interpretation of the law as opposed to common law, which focuses more on legal precedent. It’s an interesting fact about our state and one that makes us as unique as our culture and heritage. Over the years, laws have been added, removed and amended to govern our state and our people. We rounded up a few that may have you saying, “Mais, what?”
Thou Shall Not Steal
Stealing an alligator (LA RS 14:67.13) or stealing crawfish (LA RS 14:67.5) are high crimes in the Bayou State. Depending on the value of the stolen goods, penalties for each of these egregious offenses range from as little as six months to upwards of ten years, plus fines. It’s probably best you just keep on your best behavior and get yourself an invite when your neighbor cooks that sauce piquant or etouffee instead of stealing his catch.
Battery with a Bite
We know that assault is frowned upon regardless, but did you know that false teeth could land you in real trouble? According to Louisiana’s aggravated battery law (LA RS 14:34), if you bite someone with your natural teeth it is simple assault but if you bite someone with false teeth it is aggravated assault. The reason? Those carefully crafted pearly whites are categorized as a dangerous weapon.
A Promise Made is a Promise Kept
In the South, many will take you at your word if you deliver it sincerely. And here in the boot, you better mean it. False swearing (LA RS 14:125) is defined as “intentional making of a written or oral statement, known to be false, under sanction of an oath or an equivalent affirmation, where such oath or affirmation is required by law.” Breaking your word carries a fine of up to $500 and one year in jail.
No Reveling Reptiles
In New Orleans, it’s best to leave all your cold-blooded pets at home when you’re ready to pass a good time. According to the city’s municipal code (Sec. 34-21), no reptiles shall be allowed within 200 feet of a Mardi Gras parade route. The law even goes further to set time limits, stating that all reptiles must be removed two hours prior to the start of the parade and cannot return until one hour after the end of it.