What would it take for an appellate court to overturn an award of damages? According to the Louisiana 3rd Circuit Court of Appeal, the bar is set high and very rarely does an award for damages get overturned as long as it’s reasonable. Lafayette Motors employed Mr. Menard as a…
Running a small business is a challenging endeavor that can prove even more difficult if someone publishes false information about your company. This is situation is exactly what happened to husband and wife Robbie and Susan Arnaud, owners of Robbie’s Wrecker Service, a towing business located just outside Eunice, Louisiana.…
Navigating any lawsuit can be challenging, especially when the initial trial gives rise to complicated appeals. In this instance, the plaintiff was left wondering how jury instruction impacted her medical malpractice lawsuit. Mrs. Sherry Wedgeworth filed a medical malpractice lawsuit against Dr. Tynes Mixon, an ear, nose, and throat (ENT)…
If you are injured and think another party might be at fault, it is important to contact an attorney as soon as possible. If you wait too long, your claim, and any chance of recovering damages could expire, leaving you with little recourse against the responsible party. In the law,…
In deciding whether to dismiss a specific case, the Appellate Court should consider many factors. Among them are subject matter jurisdiction and statutory of limitation. The claims might be dismissed if they are filed to a wrong court which does not have the legal power to adjudicate on this case,…
Timing is everything, especially when it comes to lawsuits. If you delay too long in filing a medical malpractice lawsuit, then you – like Mr. Verbois – may be unable to recover for the alleged negligent acts. In May 2011, Dr. Jonathan Taylor operated on Mr. David Verbois to repair…
In the legal world, establishing fault and determining liability is not always easy. In some situations, it may seem clear who is responsible for recovery, but in other cases the situation can become much more difficult than it initially seemed. This issue was explored after an automobile accident in Acadia…
Often, in litigation – as in life generally – timing is everything. Courts and legislatures set certain time periods for each step in a legal proceeding to establish fairness and to impose reasonable order on the disposition of the case. Occasionally, these deadlines can be ambiguous or open to various…
Christmas is usually a busy time for families, especially those traveling to visit loved ones. For many businesses it is also a time for increased sales and higher profits. For this reason, it is common for companies to set strict targets and deadlines for employees to meet in order to…
Trial courts can make mistakes. Some mistakes are permanent, so a redo is impossible. In other cases, the mistakes can be reversed on appeal by an appellate court. When an appellate court reverses a trial court’s decision, the trial court could have to revisit the entire case and put things…