Summary judgments are procedural devices used when no genuine issue of material fact exist that should be litigated in a full trial. The burden of proving that there is no issue as to material facts is on the party who is seeking the summary judgment. Once the moving party establishes…
Articles Posted in Civil Matter
Student Loan Default Garnishee Overpays, Can They Get The Money Back?
If a person defaults on student loan payments, the loan issuer can obtain a order from the court, directing an employer to withhold money from the person’s earnings until the defaulted loan has been paid in full. A Bossier Parish School Board (“BPSB”) employee stopped paying her student loans. In order…
Sometimes You Just Can’t Compete: Rebates Are Considered in Predatory-Pricing Analysis
Antitrust laws protect competition and prevent monopolies. Ultimately, they are meant to protect consumers by ensuring healthy competition. Yet it is a common misconception that antitrust laws protect individual competitors in the marketplace; that each unique competitor is itself the competition that antitrust laws seek to protect. False. Antitrust laws…
Previous Mineral Lease Burdens Louisiana Landowners in Tensas Parish Legacy Lawsuit
A recent case arising out of Tensas Parish, Louisiana, highlights the importance of checking on leases that burden any land before purchase. “Legacy lawsuits” are claims that oil and gas operations caused contamination on a property and generally name any operators who worked at the property and could have contributed…
Loser in Baton Rouge Lawsuit Must Pay Winner’s Attorney Fees
It costs money to file a lawsuit against a party who has wronged you, and it also costs money to defend yourself when another party brings a lawsuit against you. Imagine taking on those costs only to lose the case in the end — and then imagine having to also…
New Iberia Casino’s Failure to Promote an Employee Who is “Too Black” May Constitute Actionable Discrimination
Discrimination can come in many forms and if you are faced with a potential workplace discrimination issue it is important to take your concerns to a good lawyer because the contours of discrimination cases can be very complicated. Esma Etienne, a waitress and bartender, found herself in just such a…
U-Haul and Fedex Trucks Collide, Claims Adjuster Repwest Makes a Quick Exit from Lawsuit
Renting a U-Haul truck can be a necessary burden when you are tasked with moving a lot of stuff from place to place. During the rental process you might be asked whether or not you want supplemental insurance policies. But who do you sue when an accident happens? In the following case…
Jefferson Parish Legal Malpractice Lawsuit Deadline Extended Due to Fraud by Attorney
When attempting to bring a lawsuit in court, timing is everything. If a potential claim is brought too late your day in court may never come. However, Louisiana courts of law are generous in extending the deadline to file a lawsuit in instances of fraud. In the following case out of…
Orleans Parish District Court’s Interpretation and Application of the Louisiana Genetic Information Non-Discrimination Act is Affirmed on Appeal
Imagine growing up with a genetic disorder and having to struggle with the difficulties that these disorders bring to people and their loved ones. Nobody chooses to have a genetic disorder, and if severe enough the disorder can cause major setbacks in a person’s life. Even with protections in place…
Improper Designation of Final Judgment in St. Tammany Parish Leads to Dismissal for Lack of Appellate Jurisdiction
Courts are not perfect, and sometimes they do not always render the correct decision. When a court makes an error in their judgment it can be very frustrating for all of the parties involved. Error can be very costly especially when a major issue, like finding coverage for a victim…