Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue…
Discovery is a phase of the litigation process that occurs once a complaint has been filed and answered but before the trial occurs. The purpose of discovery is for the litigants in civil matters to exchange information that is pertinent to the case. Each party can request that the other…
Under Louisiana law, a motion for summary judgment is a procedural device that allows a court to resolve a case without a full trial when there is no “genuine issue of material fact” to be decided. See Duncan v. USAA Insurance Co., 950 So.2d 544 (La. 2006). A “genuine issue…
A very recent Louisiana Court of Appeals decision arises from a lawsuit filed by Lloyd and Dotris Bordelon to recover damages stemming from a pedestrian-vehicle accident that followed a vehicle-vehicle collision. The first accident occurred in September 2003, when John Vercher and his wife were going north on Highway One…
When filing a complaint, the attorney needs to make sure that they are bringing in the correct parties and including the right claims with their legal action. Mistakes can result in losing the entire case before it even begins thus focusing on even the smallest details can save a complaint…
While many people receive much of their legal understanding from popular tv shows and movies, the fact remains that very real legal concepts are often explored. Regardless of your television preferences, the terms remain the same in real life litigation that often involves great tragedy and turmoil for all parties…
In Louisiana, actions in tort must be brought within a certain period of time after the incident occurs. This is called the “prescriptive period,” and reflects the state’s position that “a plaintiff is responsible to seek out those whom he believes may be responsible for a specific injury,” Jordan v.…
On July 24th in Lincoln Parish, two trucks collided on I-20 leaving one dead and several injured. While traveling east on I-20, a Chevy Suburban attempted to pass a GMC truck hauling a livestock trailer. The Chevy Suburban swerved right hitting the GMC truck and both vehicles ran off the…
Asbestos was once used to make many common products including insulation, roofing materials, automobile brake pads, and other household and commercial goods. In the 1960s asbestos was used in the petroleum industry, where the the high heat-resistance of asbestos made it a useful additive to drilling mud. Drilling mud is…
A July CNN report has brought to light a lawsuit filed against Louisiana school officials for repeatedly handcuffing and shackling a 6 year old. The lawsuit has been filed by rights advocates and the child’s parents on behalf of children in the Louisiana Recovery School District, a statewide entity managed…