In a lawsuit, a client’s claims need to be monitored every step of the way. If an issue is revived in an appeal, an attorney must keep track of it and reinforce it at each new representation. If an attorney doesn’t continue to assert a claim, a court might think…
Articles Posted in Civil Matter
Get It in Writing: Court Refuses to Recognize Oral Agreement to Frack Oil Wells
We enter into contracts all the time without putting the agreement in writing; we form contracts when we buy a cup of coffee, when we shop online, etc. Some types of contracts, however, are required by law to be in writing. Kevin and Monica Schmidt (the Schmidts) learned this the…
Louisiana Court of Appeal Affirms Grant of Easement in Webster Parish
Sometimes we don’t have the best neighbors. For example, a neighbor might block access to your land, arguing that it is, in fact, the neighbor’s land you traverse on a daily basis. When such a dispute arises, get a good real estate attorney. If ingress to a piece of your…
Richwood Inmates Lawsuit Dismissed After Failure to Adhere to Procedural Rules
The importance of adhering to required timelines and District Court orders could not be overstated. A failure to comply with court deadlines can result not only in your claims being dismissed but also a heavy fine. Former inmates at Richwood Correctional Center (“RCC”) learned that the hard way on appeal…
Failure to Prosecute Case Results in Dismissal of Lawsuit in Zachary, Louisiana
Filing and pursuing a lawsuit is no small task. Besides the often-significant monetary aspect, a plaintiff (the party filing the lawsuit) should be prepared for a large time commitment and effort in providing the necessary evidence to support their case. Good lawyers know how to aid their clients in gathering…
In Louisiana How Do You Prove A Child Born Outside a Marriage is Your Child? Avowal Actions Explained
The goal of marriage is often “happily ever after.” Sometimes, it does not end up working out that way. What happens when a child born during a marriage is the result of an affair? What legal rights does the real father have towards establishing that the child is his? The…
Name Calling Could Cost Big Bucks in Louisiana
Ever wondered about the seemingly daunting world of contracts: the myriad of pages and often boring mechanical reading, not to mention those terms and conditions written in legalese? For most of us, not really. That’s for sure. But sometimes contractual disputes can be interesting. Ever hear the saying don’t mix…
A Tale of Two Stories: Differing Story Details Allow Excessive Force Charges Against Deputy Stand Trial
As the adage goes, there are two sides to every story and when it comes to lawsuits, the details of those stories can make the difference between a courtroom success and a case never making it to trial. A case arising out of Mandeville, Louisiana is the perfect example of…
Louisiana’s Fact-Pleading System Allows Woman to Recover for Battery When Only Suing for Negligence
The law often hinges on technicalities, which is why technical accuracy is critical in ensuring that all parties to a lawsuit have a fair and adequate understanding of the issue and that courts operate efficiently. Despite this importance, courts do not want justice to be skirted on the sole basis…
Appellate Court Says Pro Se Plaintiff Can Proceed With State Law Discrimination Claims Against Tulane Hospital
Discrimination has always been a controversial topic in America and especially salient in the workplace context. The following case arises out of a situation where an employee felt that she was discriminated against based on her race and disability. She sued in federal court based on federal and state discrimination…