What do the movie, “Charlie and the Chocolate Factory,” and final judgments have in common? Both require a “golden ticket” to succeed in the next phase. In Charlie and the Chocolate Factory, each contestant must have a golden ticket to gain access to Willy Wonka’s Chocolate Factory. In trial-level court…
Articles Posted in Civil Matter
Can a Worker’s Compensation Claimant Receive Spinal Cord Stimulator Treatment in Louisiana?
Injuries sustained on the job present challenges for the employee and employer, especially when multiple sites of injury are involved. In addition, injuries all over the body can require different medical treatments for each affected area. Specialized treatments such as a spinal cord stimulator can be recommended to alleviate pain…
The Collateral Source Rule, What is it and How Does it Apply to Workers Compensation
The Collateral Source Rule in Louisiana law prevents a tortfeasor (a person who harmed another) from benefiting from the victim’s receipt of funds from an independent source. So what does that mean? Let’s say you were injured in a car wreck. As a result of your injuries, you have back…
Louisiana Court Refuses to Assert Jurisdiction Over Conditional Judgment in Legal Malpractice Lawsuit
Lawsuits and appeals can bring up complicated legal issues such as jurisdiction. Jurisdiction is a legal principle that determines the extent and authority of a court to hear and decide cases. There are two primary types of jurisdiction: personal jurisdiction and subject matter jurisdiction. The first type, personal jurisdiction, is…
Can You Appeal A Partial Summary Judgment in Louisiana?
Insurance claims can be complex, even for the courts. Lawsuits involving multiple plaintiffs and defendants are just as complicated. Claims, cross-claims, and counterclaims can arise from a single accident. Questions can arise during litigation, such as; can you appeal a partial summary judgment in Louisiana? A recent motorcycle accident in…
Can Class Certification Occur By Use of an Excel Spreadsheet in Louisiana?
Most consumers in the U.S. are aware of increasingly high medical costs. For most people, those high costs are not directly paid; instead, they appear on a bill along with what one’s insurance company will pay as part of an agreement with the medical provider. Many insured consumers will look…
Considering Uninsured motorist coverage in Louisiana, Be Careful What You Sign For
If you’re in a car wreck, you expect, or hope, to be covered for UM Bodily injury (UMBI) up to certain policy limits. However, when signing up for insurance, you must carefully review the coverages. The law in Louisiana has strict requirements when it comes to selecting or rejecting Uninsured…
What are the Standards for Default Judgments in Louisiana?
Default judgments usually occur when one side fails to Answer a lawsuit after being served. You must collect and produce sufficient evidence to establish your claims to succeed with a default judgment. This is the same as if you were going to trial. Evidence is the key to all lawsuits;…
Injured Worker Failed to Establish Disability Resulted From Work-Related Injury
What happens if you are hurt on the job? Not only do you have to deal with the physical effects of your injury, but you also have to navigate when it is safe to return to work. The workers’ compensation system is designed to aid injured workers. It can provide…
Drivers of Emergency Vehicles Held to Unique Standard of Care in Louisiana
Despite stringent rules and regulations designed to keep unlicensed drivers off the road, minors often find their way behind the wheel. Police in Gonzales, Louisiana, were forced to reckon with the seriousness of such a driver when a high-speed police chase on Interstate 10 turned deadly in May of 2004.…