It is no secret that lawsuits are expensive creatures. It is perhaps baffling then that a party would retain an attorney, file a lawsuit, and maintain that lawsuit for over thirteen years without sufficiently actively pursuing that lawsuit. Yet, that is exactly what happened in a recent case out of…
Articles Posted in Business Dispute
Read the Fine Print, Louisiana Court Finds Company Falls With Subrogation Waiver
One of the least know parts of a personal injury suit occurs after trial or settlement. It’s called subrogation. Subrogation is the reimbursement of third parties for payments made relating to an accident. Many times, a subrogation claim is made by the injured’s own vehicle insurance provider or by the…
Louisiana Court Finds Commercial Liability Insurer Owed No Duty to Defend
Inherent in most insurance contracts is an insurer’s duty to defend its insured against certain lawsuits. Part of this duty requires the insurer to pay for all legal costs and other fees related to a particular lawsuit. In a commercial general liability (“CGL”) context, business owners often rely on an…
Be Careful Whistleblowers: Louisiana Court Upholds dismissal of Qui Tam Action
Whistleblowers play a controversial role in the United States. Without Mark Felt, also known as Deep Throat, the world would have never known about the corruptions in the Nixon Administration and without Edward Snowden, the world would have never known the extent of the NSA’s surveillance on both U.S. citizens…
The Sweet Contractual Relationship Between Developer and Franchisor Turns Bitter Over the Meaning of Words
Contractual relationships can advance or dissolve as time passes, often turning sour when promises are not kept. One or both parties may attempt to break the relationship but the underlying contract is not so easily terminated. As a result, the parties may find themselves in a court battle over seemingly…
Terminated Louisiana Lawyers Entitled to Portion of Award in Personal Injury Lawsuit
What if you are injured, hire a lawyer, and that lawyer fails to sufficiently work on your case? Outrage ensues and you may choose to fire that lawyer and hire a second. But is that first lawyer entitled to payment if you happen to win and receive an award in…
Louisiana Tech Company Loses on Attorneys’ Fees after Remand Run-Around
It is not uncommon for a victorious party in a lawsuit to seek attorneys’ fees upon their win. There is no guarantee however the judge will agree an award of attorneys’’ fees are warranted. In some cases filed in state court, the defendant can remove the case be heard in…
Non-Party to a Lawsuit Forced to Pay In Garnishment Case Out of East Baton Rouge Parish
Most of us probably owe money to someone. Whether it be for our home, a vehicle, a credit card or even just to a friend. A common legal tool called a garnishment is one way of using the civil court system to help recover money owed to you when someone is…
Jefferson Parish, Louisiana- Why Did the Fifth Circuit Find This Plaintiff’s Claim Outside the Scope of the Consumer Leasing Act?
A person may seek help from the federal court system when that person feels that they have been cheated or wronged. However, one needs to make sure that the federal court can actually help the situation. Personal jurisdiction is the ability of a court to exercise power over a person…
Louisiana Court Forced to Sort Our Complicated Maritime Contract Dispute
Contract disputes can often be complicated when multiple parties and corporations are involved. Courts are forced to sort out multiple claims and counterclaims and figure out who is accountable for what. Even after a decision is made, there can be multiple appeals and judgments that a higher court is asked…