Unfair treatment at work can, unfortunately, be a common occurrence. While always annoying, the treatment can sometimes rise to such an egregious level that an employee feels justified in filing a lawsuit against the employer; especially if the aggrieved employee feels that there are racially motivated variances in treatment. As…
Articles Posted in Civil Matter
Lack of Clarity as to the Law Entitles Officers to Qualified Immunity in Louisiana Lawsuit
We all know that each U.S. citizen is entitled to certain rights contained within the Constitution. For example, the right to bear arms, the right to free speech, and the right to practice any form of religion. But what about rights that were not explicitly stated within the Constitution, like…
Case in Jefferson Parish Deemed “Abandoned” After Three Years of No Activity
A good lawyer must be on top of his or her case. Not only must a lawyer know the facts of the case and the applicable law, but the lawyer must also meet certain deadlines and procedure requirements by the court. While little activity on a case might mean it…
Strict Adherence to Flood Insurance Policy Requirements is Crucial to Obtaining Recovery
The National Flood Insurance Program, or NFIP, was Congress’ approach to providing flood coverage at affordable rates. Generally, through the program homeowners can buy a Standard Flood Insurance Policy, or SFIP, from the Federal Emergency Management Agency, or from private insurers. According to the Court of Appeals for the Fifth…
Be Careful Whistleblowers: Louisiana Court Upholds dismissal of Qui Tam Action
Whistleblowers play a controversial role in the United States. Without Mark Felt, also known as Deep Throat, the world would have never known about the corruptions in the Nixon Administration and without Edward Snowden, the world would have never known the extent of the NSA’s surveillance on both U.S. citizens…
Prisoner Sues Prison For Denial of an Extra Pillow And Mattress
Is it cruel and unusual punishment for a prison to not provide an extra pillow and mattress to an injured prisoner? According to Fifth Circuit Court of Appeals, it is not. It is unsurprising that inmates often complain about mistreatment from prison officials. But what is required for a prison…
The Sweet Contractual Relationship Between Developer and Franchisor Turns Bitter Over the Meaning of Words
Contractual relationships can advance or dissolve as time passes, often turning sour when promises are not kept. One or both parties may attempt to break the relationship but the underlying contract is not so easily terminated. As a result, the parties may find themselves in a court battle over seemingly…
Terminated Louisiana Lawyers Entitled to Portion of Award in Personal Injury Lawsuit
What if you are injured, hire a lawyer, and that lawyer fails to sufficiently work on your case? Outrage ensues and you may choose to fire that lawyer and hire a second. But is that first lawyer entitled to payment if you happen to win and receive an award in…
Louisiana Tech Company Loses on Attorneys’ Fees after Remand Run-Around
It is not uncommon for a victorious party in a lawsuit to seek attorneys’ fees upon their win. There is no guarantee however the judge will agree an award of attorneys’’ fees are warranted. In some cases filed in state court, the defendant can remove the case be heard in…
Louisiana Court of Appeals Discusses Continuances and Dismissals in Louisiana
When a case goes to trial, there are many nuances that a lawyer might have to address, including a motion for a continuance or a dismissal. A continuance is the postponement of a hearing, trial or other scheduled court proceeding at the request of either party or by the judge.…