Tag: Berniard Law Firm

  • Understanding How Louisiana Laws Are Interpreted: Clear Language vs. Purpose

    Bronze scales of justice engraved with the words Clarity and Purpose, balanced on a polished wooden desk inside a law library with the Louisiana State Capitol visible through an arched window.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 Louisiana Civil Code. Understanding how courts interpret laws helps citizens, businesses, and legal professionals navigate their rights and responsibilities with confidence.

    Two key provisions — Article 9 and Article 10 of the Louisiana Civil Code — explain how our courts approach clear laws versus ambiguous ones.


    The Golden Rule: When the Law Is Crystal Clear (Civil Code Article 9)

    At its core, Louisiana law values clarity and precision.

    Louisiana Civil Code Article 9 provides the guiding principle:

    Art. 9. Clear and unambiguous law
    When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written, and no further interpretation may be made in search of the intent of the legislature.

    Think of it like following a recipe: if it says “Add two cups of flour,” there’s no debate — you add two cups.

    Similarly, when a law’s language is straightforward, the courts must apply it exactly as written. Judges and attorneys don’t speculate about what lawmakers meant — they apply what the law says. This principle ensures predictability, stability, and transparency, allowing citizens to understand their legal obligations simply by reading the text.


    When Things Get Fuzzy: Interpreting Ambiguous Laws (Civil Code Article 10)

    But what if the law’s meaning isn’t so clear?

    Sometimes legislation uses complex terms, appears inconsistent, or leaves room for interpretation. That’s where Louisiana Civil Code Article 10 comes into play:

    Art. 10. Language susceptible of different meanings
    When the language of the law is susceptible of different meanings, it must be interpreted as having the meaning that best conforms to the purpose of the law.

    Using our recipe analogy again: if it says “Add a pinch of seasoning,” that’s subjective. You’d interpret “a pinch” based on the purpose of the dish — whether it’s sweet or savory.

    In the same way, when Louisiana courts interpret ambiguous laws, they look to the purpose of the statute — the reason it was enacted and the broader legal framework it fits within. Judges may review legislative history, context, and the societal problem the law was meant to solve.


    Why These Interpretation Rules Matter to You

    These two articles — Article 9 and Article 10 — form the foundation of how Louisiana judges interpret the law. They affect real-world outcomes in cases involving:

    • Contracts

    • Property rights

    • Family disputes

    • Personal injury

    • Business obligations

    Here’s why they matter:

    • Predictability: When laws are clear, you can confidently act knowing what’s required.

    • Fairness: Ambiguities are interpreted consistently, ensuring justice and legislative intent.

    • Protection: Understanding how courts read laws helps you better advocate for your rights.

    Together, these rules create balance — applying laws strictly when clear, and flexibly when interpretation is necessary for fairness and purpose.


    Navigating Louisiana Law with Confidence

    Understanding how laws are read and applied is essential for anyone interacting with Louisiana’s legal system. While the plain meaning rule (Article 9) ensures consistency, the purpose-based rule (Article 10) ensures justice when clarity is lacking.

    If you’re unsure how a specific law affects your situation, don’t guess — get guidance from experienced professionals.


    Need Legal Guidance?

    At Berniard Law Firm, our attorneys are deeply familiar with Louisiana’s Civil Code and its interpretation principles.

    📞 Contact us today for a consultation to discuss how Articles 9 and 10 might impact your case. We’re here to help you navigate the law with clarity, confidence, and care.

    Other Berniard Law Firm Articles on Legal Matters: Did the Son Have the Right to Lend Dad the Company Truck?

    and When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

  • The Advocate Highlights Jeff Berniard’s Expertise in Smitty’s Supply Explosion Case

    Fire and smoke rise from a chemical plant following the Smitty’s Supply explosion in Tangipahoa Parish.
    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 full Advocate article here.

    The feature highlights Berniard’s track record of success in large-scale litigation. Over his career, he has served as class counsel and lead counsel in numerous high-profile cases, including lawsuits involving chemical leaks, defective products, insurance bad faith practices, and environmental disasters.

    His legal experience includes being appointed to plaintiff steering committees and class counsel roles in major cases such as:

    • Deepwater Horizon Oil Spill (MDL 2179) – Representing victims of one of the largest environmental disasters in U.S. history.

    • Chinese Drywall Litigation (MDL 2047) – Representing homeowners across Louisiana and beyond who faced toxic building materials.

    • Insurance Bad Faith Class Actions – Representing over 70,000 policyholders after Hurricanes Katrina and Rita.

    The Advocate’s recognition underscores the trust that courts, the media, and affected families place in Berniard’s ability to advocate for justice in the aftermath of industrial and environmental disasters.

    “Our mission has always been to stand up for people against powerful companies and insurers,” Berniard said. “Being recognized in The Advocate for our work on behalf of Tangipahoa Parish residents is a reminder of why we fight these battles every day.”

    You can contact the Berniard Law Firm’s office today to talk about your legal rights as a result of the Smitty’s Fire and lawsuits. Call our office today at 504-521-6000.

    See Also: Attorney Jeff Berniard Featured on WGNO for Leadership in Smitty’s Supply Class Action Lawsuit

    What You Need to Know About the Smitty’s Supply Explosion and Fire in Tangipahoa Parish