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…
Articles Posted in Civil Matter
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…
Plaintiff Fails in Appeal of Employment Termination Case out of St. John the Baptist Parish
Law enforcement agencies throughout the country have been under intense scrutiny over the past few years because of controversial policies and procedures. However, one agency in Louisiana, the Sheriff’s Office of St. John the Baptist Parish, faced another type of scrutiny surrounding the termination of a high-ranking official. The termination…
Government Expropriates Land to Reroute Highway 105 in Louisiana, Landowners Compensated Fairly After Lawsuit
When the government takes privately owned property to be used for the benefit of the public, it is called an expropriation. Federal and state law prohibit the government from taking private property without compensating the owner. The Louisiana Constitution provides that property shall not be taken or damaged by the…
Suicide Forecloses Survival Action But Leaves Open Claims by Succession Representative of Estate
When someone with a family and a business suddenly dies, sensitive estate issues arise and can often become complicated, especially if the decedent was in the midst of strained business negotiations or when the death was the result of a suicide. In these situations, it’s essential for surviving family members…
In Personal Injury Case Out Of Lake Charles, Plaintiff’s Inconsistent Testimony Fails to Convince Court of Appeal
It is common for Louisiana residents who are injured due to another person’s negligence to seek financial compensation through a personal injury lawsuit. Typically, these types of lawsuits will pursue compensation to cover medical expenses that are incurred by the victim for the treatment of the injury they suffered, among…