When making a legal claim against a person or entity, time is of the essence. Prescription bars certain legal actions after a specified time period. If the specified time period has lapsed, the action is thereafter prohibited. The Fifth Circuit recently explored the issue of prescription, demonstrating how prescription operates…
Articles Posted in Criminal Matter
American Bar Association Calling for Nominations of Top 100 Lawyer Blogs
The ABA (American Bar Association) has called upon lawyers and non-lawyers alike to submit blogs from across the internet as exceptional examples of legal advice and content. With content about the law ranging widely across the internet, the ABA recognizes the value of those blogs that wish to educate the…
Fifth Circuit Finds Rifle Manufacturer “Not Liable” for Injuries Sustained After Rifle Firing Resulted in Uncontained Explosion
If a company manufactures a defective product, and an individual is injured by that product, the manufacturer may be liable for the damages suffered by the product-user. The product, be it a cleaning supply or an automobile part, or any number of different items found in everyday life, bears an…
Fourth of July Offers Reminder of Danger of Negligence and Need for Common Sense, Attention to Safety
July 4th, though best known as an occasion for grilling out, visiting the beach or lake, and watching the fireworks, is unfortunately also notorious for its high incidence of accidents and injuries. Many incidents, especially vehicle and boat accidents, are related to alcohol use. The Louisiana Highway Safety Commission recently…
Disabled Man’s Death Demonstrates Slipper Slope of Malpractice Claims
Gleason v. Louisiana Dept. of Health and Hospitals is a Medical Malpractice case arising out of the unfortunate death of a 47-year-old severely mentally challenged man, Donnie Gleason. Donnie had been a resident of Northwest since December of 1974 and was nonverbal and incapable of self-medicating, arranging or monitoring his…
Court of Appeals Rejects Insurance Company’s Defense of Nonpermissive Use in Recent Case
Louisiana law requires all motor vehicle liability insurance policies to extend coverage not only to the insured, but also to any other person with express or implied permission to drive the motor vehicle. Once the insured gives permission, coverage will be denied only if the driver deviates from the permissive…
Prescription Drug Overdose Leads Court to Review Pharmacist’s Standard of Care
On March 13, 2008, Sarah Hollier visited Dr. Gregory Green for treatment of bronchitis. Dr. Green wrote Hollier a prescription, which she took to the Super One Pharmacy in Monroe to have filled. The pharmacist on duty, Katy Buntyn, was not familiar with the particular form of the drug that…
Complexity of Legal Procedure Shows Why Right Attorney Must Be Picked
During litigation, competent legal counsel must make efforts to concentrate on two things. First, legal counsel must make sure that all of the most recent cases, statutes, and regulations are being used for litigation. It is embarrassing for legal counsel and risky for a client to proceed before court with…
Teen from Cut Off Dies in Car Accident Where Driver Was Unlicensed
According to Houma Today, a 17-year-old boy from Cut Off was killed on October 22nd when the car he was riding in struck a utility pole. The boy, Edward Domingue, and his 15-year-old girlfriend were going to pick up pizza and movies when she lost control of the vehicle. Questions…
Homer Car Wreck Case Examines Insurance Policy’s Treatment of Intentional Injury
On the evening of August 2, 2005, Latiffany Dunn slowed her car as she approached the intersection of Pearl and Washington Streets in Homer, Louisiana. As she came to a stop, a vehicle driven by Latonya Harris pulled up beside Dunn’s vehicle. Shatara Harris, Latonya’s sister, was a passenger in…