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…
Articles Posted in Civil Matter
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…
Second Summary Judgment Motion Affirmed in Slip and Fall Case
Selling a home can be a stressful time with many issues to consider. You want to make sure you are getting a fair price and that the home appeals to potential buyers. One aspect you might overlook is potential liability for injuries that occur when potential buyers tour your home.…
Louisiana Appeals Court affirms no damages should be allocated to minors Because of Lack of Proof
What happens when a plaintiff is injured, and damages are denied? How can a plaintiff prove they suffered injuries from an accident? According to Louisiana law, a plaintiff must prove, by a preponderance of the evidence, that his or her damages were the result of an injury caused by the…
Partial Judgment Leads to Dismissal of Appeal in St. James Parish Car Accident Case
A party to a lawsuit may wish to appeal a court’s decision that they find unfavorable. But under Louisiana law, in most situations only final judgments can give the Court of Appeal jurisdiction to hear the case. In November of 2012, Jonathan Vince was the driver of a car in…
Baton Rouge Man Accuses District Court of Abusing Its Discretion and Denying Him Due Process
The Louisiana Code of Civil Procedure provides that a court has wide discretion in granting a continuance (a postponement of the proceedings) in any case where appropriate. See La. C.C.P. art. 1601. But what constitutes appropriate grounds for a continuance? A court must take into account the specific facts of…
After Bar Fight in Lake Charles, Louisiana, Court Reviews Award of Damages
People bring lawsuits in order to obtain compensation for wrongs they have endured. Even when there is no dispute about liability, determining the appropriate categories and amounts of damages can be complicated as it involves numerous legal and technical issues. Damages can encompass everything from past and future medical expenses…
Court Reverses Award of Damages for Failure to Comply with Flood Insurance Requirements
There are multiple requirements and policies that claimants must follow in order to be eligible to recover on a claim under a National Flood Insurance Program (“NFIP”) Standard Flood Insurance Policy (“SFIP”). See 44 C.F.R. pt. 61, app. A(1) art. VII sec J (2009). Failure to comply precisely with these…