If you have slipped and fallen in a Louisiana store, you may not realize you are not alone. What’s more, you might not understand that you may have the legal rights to make a claim against the store for the incident. Just recently a lawsuit was filed in western Louisiana…
Articles Posted in Litigation
Federal Judge Finds Oil Spill Volunteers Cannot be Forced to Sign Away Their Legal Rights
Despite BP’s best efforts, clean-up volunteers will be able to file legal claims against the oil company if they arise. BP tried to force volunteer responders to promise they will not file claims but a federal judge has determined that will not be allowed. George Barisich, President of the United…
Court of Appeals Decision Shows How to Prove Medical Malpractice in Louisiana (and how not to)
A recent Louisiana Court of Appeals decision does a good job of explaining the elements of a medical malpractice claim and some pitfalls that might be encountered along the way. In this case, Jessica Parker of Beau Bridge filed a suit against University Medical Center after she underwent two gall…
Discretion Given to Jury’s Award of Damages – Couple in Mid-70s Involved in Three Auto Accidents in Three and a Half Weeks
Louisiana’s Supreme Court, in an April 2007 opinion, expounded on the vast discretion an appellate court is to give to a jury’s verdict on review. From December 2000 to January 2001, Thurman and Rosemary Kaiser, a married couple in their mid-70s, were involved in three auto accidents – one in…
BP’s Estimates for Oil Leak Significantly Lower than Real Amount
According to an AP report, BP yesterday admitted that more oil than it originally estimated is leaking into the Gulf. This news, coming roughly one month after the Deepwater Horizon oil rig exploded and sank, is heightening Gulf Coast residents’ worries about the amount of damage likely to occur. A…
Pedestrian Killing near Highway Shows Need for Increased Awareness about Pedestrian-Automobile Safety Laws
The roadways are a dangerous place for any individual, regardless if they are driving or merely a pedestrian. Because of environmental dangers as well as a wide variety of mechanical and human errors that can occur as cars drive across this country, it is important to understand the complexities of…
Importance of Keeping Deadlines: Recent Court of Appeals Abandonment Decision
While a plaintiff may have the best case possible, things do not always work out the way they should. Lawsuits don’t just fail on their merits. Sometimes not following procedural deadlines or simply not taking action at all can spell doom as well. In an April 2010 decision, the First…
Corporal Punishment: Louisiana Court of Appeals Case from 1979, Still Relevant Today
The Louisiana Court of Appeals’ 1979 ruling in Thompson v. Iberville Parish School Board provides insight into what factors should be considered when asking if a teacher has inappropriately punished a student. This decision reversed a previous ruling in favor of an Iberville Parish elementary school student and found in…
BP, the Oil Protection Act and Claims for Lost Wages/Property Damage
In the face of the looming oil slick many estuaries and fishing grounds are being closed, leaving hundreds of Louisiana fishermen out of work. As the oil pours into the Gulf, many fishermen are wondering what’s next. While many questions are still up in the air there are a number…
Employment Options for Fisherman Affected by BP Oil Spill
With so many fishermen left out of work, individuals throughout the Gulf Coast are beginning to worry about their future. The Oil Pollution Act provides a legal solution but the ensuing lawsuits will not be helpful in the present. There are two British Petroleum programs that affected fishermen need to…