Res Judicata, also known as claim preclusion, is a Latin term that literally means “for a matter judged.” In the legal system, res judicata is a doctrine that prohibits a second lawsuit from being filed for a matter that has already been judged or decided on the merits. Once parties…
Most of us probably owe money to someone. Whether it be for our home, a vehicle, a credit card or even just to a friend. A common legal tool called a garnishment is one way of using the civil court system to help recover money owed to you when someone is…
In a medical malpractice case, often lawyers for either or both sides will hire what is called an expert witness. These cases are complex and frequently require such experts to explain to the judge and jury the medical procedure at issue and what went wrong. These necessary experts, however, are…
What are your legal options when you experience job-related hearing loss? Are you limited to benefits under workers’ compensation laws or can you file a lawsuit for possibly a considerable monetary amount? That was the essential question put forth to the Supreme Court of Louisiana in a recent case out…
Evidence in a trial can take almost any shape or form. For murder trials, people think of weapons. For fraud cases, perhaps incriminating documents comes to mind. For a personal injury case, the options are almost limitless yet likely “flip flop” is not the first image that pops up; especially…
A person may seek help from the federal court system when that person feels that they have been cheated or wronged. However, one needs to make sure that the federal court can actually help the situation. Personal jurisdiction is the ability of a court to exercise power over a person…
When representing a client, an attorney and law firm must do their due diligence and advocate for their client in the best way possible. An excellent attorney will put in countless hours for their client and will not stop working until the job is completed. Not all attorneys do this…
Securing a loan with collateral might seem like a simple and everyday task, but even the smallest of mistakes in the process can carry severe consequences. Brent Kovach (Mr. Kovach), a shareholder in a few New Orleans French Quarter hotels, experienced the repercussions of a simple oversight when one paragraph…
In litigating claims, parties (particularly the attorneys) must exercise diligence. This means being timely when it comes to gathering evidence, complying with a court order, or filing a pleading, motion, appeal etc. In its Commentary to the Model Rules of Professional Responsibility, the American Bar Association specifically warns that procrastination…
Have you ever wondered what happens when someone wrongfully takes or destroys your personal property? Conversion occurs when one sells or disposes of property belonging to another without permission. The case discussed in this post describes the conversion of a vehicle that was towed and sold to a third party…