Practice areas: Civil Litigation
Licensed in Louisiana since: 2012
Education: Loyola University New Orleans College of Law
Selected to Rising Stars: 2020 - 2022, 2024 Keogh Cox
701 Main StBaton Rouge, LA 70802 Phone: 225-383-3796 Email: Richard W. Wolff Visit website
Details
Richard W. Wolff is a trial and appellate attorney who practices in state, federal and appellate courts in Louisiana. He represents clients in insurance disputes, complex litigation, product liability, construction defects, personal injury, wrongful death and premises liability. Richard’s experience includes the handling of plaintiff and defense cases from the initial client consultation through trial. In his motion practice, Richard is often on the defense team that handles larger and more complex product and premises liability claims in the defense of clients.
First Admitted: 2012, Louisiana
Professional Webpage: http://keoghcox.com/our-team/richard-w-wolff/
Bar/Professional Activity:
- Louisiana State Bar Association , 2012
- U.S. Court of Appeals for the Fifth Circuit, 2012
- U.S. District Court for the Eastern District of Louisiana U.S. District Court for the Middle District of Louisiana U.S. District Court for the Western District of Louisiana, 2012
- Louisiana State and City Courts, 2012
- Baton Rouge Bar Association , 2012
Verdicts/Settlements (Case Results):
- Plaintiff's claims stemmed from an automobile accident wherein he alleged that he was rear-ended by Defendant Driver and pushed into a third vehicle. Plaintiff alleged an aggravation of injuries to his neck and back and injury to his shoulder. Verdict was returned in favor of defense on the issue of causation. An Ascension Parish jury allocated the rear-ended plaintiff with 75% fault before denying that he sustained injuries. , 2025
Pro bono/Community Service:
- Boys and Girls Club of Greater Baton Rouge Board of Trustees, 2019
- Boys and Girls Club of Greater Baton Rouge Board of Trustees, 2023
- Boys and Girls Club of Greater Baton Rouge Board of Trustees, 2022
- Boys and Girls Club of Greater Baton Rouge Board of Trustees, 2021
- Boys and Girls Club of Greater Baton Rouge Board of Trustees, 2020
Honors/Awards:
- Louisiana Super Lawyers Rising Star, Louisiana Super Lawyers, 2020
- Louisiana Super Lawyers Rising Star, Louisiana Super Lawyers, 2022
- Louisiana Super Lawyers Rising Star, Louisiana Super Lawyers, 2021
Educational Background:
- B.A, Louisiana State University, 2009
- J.D., Loyola University New Orleans College of Law, 2012
Scholarly Lectures/Writings:
- Jury: A group of 12 people, who, having lied to the judge about their health, hearing, and business engagements, have failed to fool him.” – Henry Louis Mencken Congratulations, you have been selected for jury duty. As American as baseball, jury duty is a pillar of the American system of justice, and you can step right up and participate-if you are qualified. In this two-part series, we outline the qualifications and exemptions for potential jurors in Louisiana. In Louisiana, “all qualified citizens shall have the opportunity to be considered for jury service in the district courts of Louisiana and shall have an obligation to serve as jurors when summoned for that purpose, and that no citizen shall be excluded from jury service in the district courts of Louisiana on account of race, color, religion, sex, national origin or economic status.” La. Sup. Ct. R. 25 To serve as a juror for a civil or criminal case, you must meet the following criteria: Be both a citizen of the United States and Louisiana who has resided within the parish in which he or she is to serve for at least one year immediately preceding his jury service. Be at least eighteen years of age. Be able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language. Not be under interdiction or incapable of serving as a juror because of a mental or physical infirmity, provided that no person shall be deemed incompetent solely because of the loss of hearing in any degree. Not be under indictment for a felony nor have been convicted of a felony for which he has not been pardoned by the governor. C.Cr.P. art. 401, La. Rev. Stat. Ann. § 13:3041. If you receive a jury duty notice and do not meet one of the above requirements, you are encouraged to contact the jury commissioner’s office. Who knows, you may be free in time for the first pitch., Jury Duty Part 1: Am I qualified to be a juror?, 2017
- As a general rule of Louisiana law, a plaintiff cannot recover general damages for mental disturbance or distress unless the defendant’s act also causes physical injury, illness, or some other physical consequence. However, in Spencer v. Valero Refining Meraux, LLC, the Louisiana Supreme Court recently reexamined the circumstances under which a limited exception to this general rule may apply.., Author, Louisiana Supreme Court Addresses Mental Anguish Awards When No Other Injury Is Claimed, 2023
- The Louisiana Supreme Court recently held that a claim for defense and indemnity may be asserted before a judicial finding of liability, Author, Claims for Indemnity and Defense Brought Prior to a Liability Determination Are No Longer Premature, 2024
- A rear-end collision is a unique animal in the law. Plaintiff’s attorneys seek them out, and insurance companies fear them–sometimes for good reason. The “rear-end” accident is unique because proof of the mere fact that one vehicle strikes the rear of another creates a strong legal presumption of fault under La. R.S. 32:81. While this presumption is formidable, it may be overcome. The rear-end presumption is premised upon the duty to not follow too closely and the law will assume that the following driver breached this duty when there is impact. However, the following driver can escape liability if he shows that his vehicle was under control, that he followed at a safe distance, and that the lead driver negligently created a hazard which could not have reasonably been avoided. For instance, if it is shown that the reckless or unpredictable driving of the lead motorist created a sudden emergency, the following driver will not be at fault. Brewer v. J.B. Hunt Transport, Inc., 35 So.3d 230 (La. 2010). Once established, the sudden emergency defense trumps the “rear-end presumption.” A “sudden emergency” is created when a driver is placed in a position of imminent peril that he or she did not create through their own conduct. Hickman v. Southern Pacific Transport Company, 262 So.2d 385 (La. 1972). When a driver can demonstrate the existence of a sudden emergency, they are not negligent for failing to do what a reasonable person might have done to avoid the accident had they been given enough time to assess and react to the situation. In Jewitt v. Alvarez, 179 So.3d 645 (La. App. 2 Cir. 9/30/15), a following driver who rear-ended the vehicle of the lead driver was free from fault as a result of the sudden emergency defense where the facts revealed that the accident was solely caused by the slow speed of the lead driver (who almost came to a complete stop on the interstate) and the presence of surrounding traffic prevented the following vehicle from taking evasive action. In Carias v. Loren, 2015 WL 1019481 (La.App. 1 Cir. 3/9/15), an eighteen-wheeler was traveling in the middle lane of the interstate when a “phantom driver” moved without warning from the left lane to the middle lane and slammed on its brakes in front of the eighteen-wheeler. In attempt to avoid the collision, the driver of the eighteen-wheeler swerved to his right and impacted a vehicle which then struck the plaintiff’s vehicle. The driver of the eighteen-wheeler invoked the sudden emergency defense; the court agreed and found the defendant-driver free from fault. Rear-end collisions are hard to defend, but a defendant may want to gather a clear understanding of all of the facts before accepting liability. If these facts support the sudden emergency defense, the driver may “walk.” , Walking Drivers: A “Sudden” Defense to Rear-end Liability, 2016
- With home prices soaring in today’s housing market, many people choose to rent rather than buy. Factored into their decision is the style, the square footage, the location, and other criteria, but few renters consider one risk that comes with many, if not most, leases. Many renters are exposed to personal liability for accidents occurring on the premises, and they don’t even know it. A lease is executed between the renter/tenant (the “lessee”) and the property owner (the “lessor”). By law, the lease imposes general obligations on both parties. The lessee (renter) is bound: 1. to pay the rent in accordance with the agreed terms; 2. to use the thing as a prudent administrator and in accordance with the purpose of which it was leased; and, 3. to return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear. LSA C.C. Art. 2683 The lessor (property owner) is bound: 1. to deliver the thing to the lessee; 2. to maintain the thing in a condition suitable for the purpose of which is was leased; and, 3. to protect the lessee’s peaceful possession for the duration of the lease.” LSA C.C. Art. 2682. These general obligations are typically expanded by terms in the lease because the lessee and lessor are “free to contract for any object that is lawful, possible and determined or determinable.” Family Care Services, Inc. v. Owens, 46 So.3d 234 (La. App. 2 Cir. 8/11/10). This “freedom of contract” allows the parties to construct their own bargains, shifting certain rights and obligations. In many commercial and residential lease agreements, this shifting includes a transfer of the liability for vices or defects on or in the leased premises. Although the lessor warrants that the leased premises is free of vices or defects, Louisiana law allows the lessee to assume responsibility for the condition of the leased premises under LA. R.S. 9:3221. Often, lessees assume that the lessor, as the owner of the premises, will be responsible if there is an accident. However, cases such as Jamison v. D’Amico, 955 So.2d 161 (La. App. 4th Cir. 3/14/07) demonstrate that the owner may be entirely free of fault even though they owned a defective premises which caused an accident. In Jamison, a worker was injured when a floor collapsed beneath her. There was insufficient evidence that the owner was aware of the defective floor. Because the lease contained a clause shifting responsibility, the owner was under no duty to inspect the premises and was dismissed from the case. A lesson to all renters: read and understand the provisions in your lease. Even if you like the colors and the location, you should also like the lease contract before you sign it., RENTER BEWARE: Hidden Risks in Lease Agreements, 2017
- “There were eleven votes for ‘guilty.’ It’s not easy for me to raise my hand and send a boy off to die without talking about it first.” – Reginald Rose, Twelve Angry MenJury service is a civil duty. Our system would collapse without the diligent individuals who respond and serve, but the law does provide exemptions and exceptions which may be utilized to be excused. Part 2 of this blog will explore those circumstances.General ExemptionsLouisiana provides two general exemptions from jury service.1 – Age. Persons seventy years of age or older shall be exempt from jury service and may decline to serve as jurors. La. Const. Ann. art. V, § 33. However, they are free to serve if otherwise qualified.2 – Prior Service. The second, all “persons who have served as grand or petit jurors in criminal cases or as trial jurors in civil cases or in a central jury pool during a period of two years immediately preceding their selection for jury service.” La. Sup. Ct. R. 25. No exemption is automatic. A prospective juror qualifying for one of the above exemptions must assert the exemption by contacting the appropriate jury commission.Recognized ExcusesIn criminal cases, a juror may be excused when such service “would result in undue hardship or extreme inconvenience.” C.Cr.P. art. 783 In civil cases, a juror may be excused when service would result in “undue or extreme physical or financial hardship.” However, these circumstances are limited to circumstances in which an individual would: 1. Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute care giver during the period of participation in the jury pool or on the jury; or 2. Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support; or 3. Suffer physical hardship due to an existing illness or disease. La. Rev. Stat. Ann. § 13:3042 With respect to both criminal and civil service, a request for excusal can be mailed to the issuing court and should include an explanation of circumstances. In most cases, the letter must also include supporting documentation, such as, “state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused.” “Failure to provide documentation shall result in a denial of the request for a waiver.” La. Rev. Stat. Ann. § 13:3042 You should serve if you can but, if you need to be excused, questions regarding exemptions, excusals, and/or qualifications should be directed to the appropriate jury commissioner’s office., Jury Duty Part 2: Am I exempt from being a juror?, 2017
Industry Groups:
- Corporations
- Insurance Defense
- Manufacturers
- Product Liability
Office location for Richard W. Wolff
701 Main St
Baton Rouge, LA 70802
Selections
4 Years Rising Stars
- Rising Stars: 2020 - 2022, 2024