Plaintiffs cannot litigate multiple lawsuits brought over the same cause of action. For example, if a company wrongfully terminates someone’s employment, the employee can traditionally bring only one lawsuit addressing this issue and not a second or third after a court decides the first. This barring is called res judicata.…
Articles Posted in Civil Matter
Interlocutory Order and Missed Deadline Ends Malpractice Lawsuit Against Rapides Regional Medical Center
Deadlines matter. They matter in all areas of life, but in the legal world, missing a deadline can determine whether legal action will move forward or not. With every cause of action, there are time frames for filing claims and appeals and oftentimes—even in situations where recovery seems necessary or…
Louisiana Fourth Circuit Court of Appeal Considers Lawsuit Abandonment
What happens when you file a lawsuit and then fail to file any pleadings beyond the initial Petition for Damages? Is the case eligible for a new trial? Or is simply determined abandoned? Typically, when you wait too long to respond after a lawsuit has been filed, the case will…
Summertime Treat Turns Sour: No Case for Woman’s Fall in Grocery Store
While running errands all day, to the cleaners and the grocery store, the last thing on one’s mind is getting hurt along the way. Proving fault for an injury can sometimes be more of a pain than the injury itself. Collecting evidence like pictures or eye witness reports is the…
Coworkers Conflict In Tangipahoa Parish Turns Physical and Costly
Everyone has that one coworker that just gets under their skin. Some days even the sound of their voice feels like it will push you over the edge. However, when things turn physical in the workplace, not only is an employee at fault, but the company may be as well.…
Understanding the Concurrent-Cause Doctrine in Louisiana and How it Applies to Property Insurance
The term concurrent-cause is a legal doctrine that may be vital to your commercial property. If loss or damage occurs as a result of two or more causes, one event may be covered while the other is not. It would not matter if the events happened at the same time,…
Louisiana District Court Erred in Granting Motion for Summary Judgment for Doctor-Defendants
When we think of the practice of law, we may think of flashy lawyers in the courtroom arguing against one another with impassioned rhetoric. In reality, the law practice is not that glamorous. In many cases, there are no trials, and a judge simply hands down a judgment without any…
Plaintiff Cannot Bring Medical Malpractice Claim Against Doctor Due to Untimely Filing of Lawsuit
Time governs our lives. It also governs the law. If you have been injured and decide to file a claim, there is generally a time limit to do so. If you do not file within this time, you may never get your claim heard. The case below is an example.…
What are the Rules for the Abandonment of a Lawsuit in Louisiana?
When someone files a civil lawsuit in the Parish of Jefferson in Louisiana, or anywhere else in the state, it can often leave a defendant wondering how long the case will take to wrap up. In cases where neither party has a strong desire to settle, discovery procedures may take…
Louisiana Court of Appeal Upholds High Legal Fee Awarded to Attorney in Class Action
Attorneys are known for being way too expensive to the general public. Most people think that attorney’s charge an obscene amount for every little task that they do pertaining to a case, such as talking on the phone with their client or sending an email. However, unknown to most people…