Mitchell & Associates, APLC, is a litigation firm committed to the resolution of complex legal issues that affect the welfare of our clients through efficient and effective advocacy. Representative areas of our practice include:
WORKERS' COMPENSATION DEFENSE
We believe the proactive and aggressive response to workplace injury claims is necessary to curtail the continuation or creation of an employee culture detrimental to our client’s bottom line. Our attorneys advise and represent employers from the initial notice of a workers’ compensation claim through all aspects of litigation and understand that proper pre-trial discovery plans and, when necessary, motion practice are essential to efficient resolution of seemingly minor claims before they evolve into more problematic permanent impairments. However, we also appreciate that unnecessary litigation and related expense should be avoided and that compensable claims should be recognized and handled in a manner so as to decrease a claimant’s desire to retain counsel. To that end, our attorneys often act as a resource to claims personnel in non-litigated claims.
INSURANCE LITIGATION
Insurance issues frequently addressed by the firm include analysis of insurance contracts and most major exclusions including those involving pollution, mold and/or asbestos related injuries, professional services, and additional insurance requirements. We have extensive experience interpreting and applying the Louisiana Insurance Code and recent legislative amendments thereto. Mr. Mitchell has appeared before the Louisiana House of Representatives Insurance Committee concerning the applicability and ramifications of amending the Code’s pre-answer bond requirement directed at unauthorized, unadmitted surplus lines carriers. He has also been a featured continuing legal education speaker on various insurance related topics. Other insurance related activities include representation of the Sewerage and Water Board of New Orleans relative to several of its insurers’ reservation of rights regarding in excess of $77 million in coverage for construction related claims.
CONSTRUCTION LITIGATION
The firm has been instrumental in developing a claims process and litigation strategy on behalf of a New Orleans public agency to address 700+ claims for property damage resulting from a $300 million joint drainage project sponsored by the United States Army Corps of Engineers on behalf of the City of New Orleans. Principal issues raised were the geotechnical effects of sheetpile driving, the design and construction of dewatering activities and the means and methods utilized for ground water and vibratory monitoring. Also involved were third-party demands made on behalf of the agency against the various contractors, project manager and design engineers.
PREMISES LIABILITY
Our attorneys have successfully handled cases ranging from wrongful death allegedly due to atmospheric conditions in a recreational facility to sexual assaults in a multi-unit suburban apartment complex to “slip and falls” within neighborhood restaurants and grocery stores. Members of the firm have presented seminars on premises liability for Sedgwick Claims Management Services, Inc., Liberty Mutual Insurance and the City Attorneys Office for the City of New Orleans.
PERSONAL INJURY LITIGATION
With backgrounds in automobile and commercial liability litigation as well as medical malpractice, our attorneys have successfully handled all aspects of personal injury litigation as counsel to both claimants and defendants. Moreover, Mr. Mitchell has served on the adjunct faculty of Louisiana State University School of Law Trial Advocacy program.
