Trials are decided solely upon the evidence presented. A judge cannot read a book on the subject, or do extraneous research on the internet, to aid her decision-making process. In this case, the Defendant claimed that the judge did just that, by calling a city official to confirm some data.…
Articles Posted in Civil Matter
How Does the Death of a Loved One Impact Spousal Leases?
In the Parish of Plaquemines in Louisiana, the oyster business can be quite profitable. Anywhere in the state, land can be a method of maintaining a person’s livelihood, whether it be through oil, tourism, or even an oyster lease. When a person with valuable land passes away, especially if that…
Is a Sheriff Liable for a Prisoner Injured During a Work Release?
When someone is injured on the job, sorting out liability can be complex. It can be doubly so when a prisoner is temporarily released so he or she can work and is subsequently injured on a job that was approved by the prison system and the sheriff managing that prison,…
What happens when a Workers’ Compensation Judge orders your claim to be paid and your employer appeals?
When you are injured on the job, you expect for your medical expenses to be covered through worker’s compensation. However, when your employer denies your recommended medical treatment to recover from your injury, what do you do? First, you file a disputed claim for medical treatment form (Form 1009) with…
How To Avoid Your Lawsuit Being Dismissed Because Of No Cause of Action
There is no shortage of frivolous lawsuits. As a result, courts have developed many different ways to nip these sorts of lawsuits in the bud. One way is by allowing defendants to file an exception of no cause action, which is essentially a request that asks the court to drop…
How Can Alzheimers Impact A Personal Injury Lawsuit?
Witnesses can be critical to winning a personal injury lawsuit after an auto accident. Without an impartial third party to attest to what happened, the case can devolve into he said/she said situation. Even worse, when one party is mentally unable to recall the events of the incident, the outcome…
What Happens To A Lawyer When They Violate Court Orders in Louisiana?
Listening is the most important skill for an attorney. This is of paramount importance when following court orders. A lawyer must be careful in how his actions appear and the actions he takes when attempting to enter in a case, but what happens when a lawyer violates court orders? John…
What Do You Do When You Have Been Blindsided By Summary Judgement?
Walmart is buzzing with pedestrian traffic on a daily basis. Where crowds of people are gathered, accidents are sure to follow. Sometimes Walmart’s products are knocked off of shelves, children spill juice in the aisles, and liquid products can slip from a person’s grasp and splatter across the floor leaving…
How Can An Employer Make Sure They Are Only Covering Their Employees Negligence?
When one is injured by an employee’s negligence, it is reasonable to expect an award of damages from the employer. When an injured party files a lawsuit, however, the plaintiff must prove that the one who caused his injuries was indeed an employee of the business. For most cases, this…
Can You Lose Your Medical Malpractice Case If You Don’t Have Enough Evidence?
Medical malpractice lawsuits are filed for a wide range of injuries and even death. When a patient finds himself in a scenario where he believes a medical professional could have done more to prevent his injuries or cure his condition, he may decide to go through with a lawsuit. Medical…