Injuring yourself while on the job is not fun for anyone, especially when your accident further exacerbates a previous workplace injury. What happens if you then try to seek retroactive benefits from your previous injury? You may run into an issue of prescription (otherwise known as the statute of limitations).…
Articles Posted in Litigation
Louisiana Court Holds Plaintiff’s Failure to Have Surgery Precludes Argument for Future Medical Expenses
Scheduling a post-accident surgery promptly may be essential to ensure complete physical recovery. Sometimes, the scheduling of post-accident surgery matters less. However, scheduling your surgery prudently may pay off when recovering damages in court, as one plaintiff found in a recent appeal discussed below. In 2010, Karl Kimsey was involved…
Can You Enforce an Indemnification Clause Without a Fault Finding?
Personal injury cases can be costly for all parties involved. Paying those costs can get confusing, especially when there is indemnification. Indemnification arises when a party is contractually obligated to foot the bill for attorney fees and defense costs. The question then arises, can you seek indemnification if fault was…
Louisiana Court Holds that “Bobtailing” Limitations do Not impact Uninsured Motorist Coverage
Auto insurance can be beneficial when you are in a car accident. However, it isn’t uncommon to have specific provisions in your insurance policy that can limit your coverage. A recent case out of Kenner, Louisiana, interpreted whether certain caveats in an insurance policy can limit a client’s uninsured motorist…
Will an Appeals Court Consider Evidence that Attorneys forget to “Offer and Introduce?”
Most lawsuits begin with a petition that lays out the facts and basis for a claim. These facts are pertinent to the survival of each claim and defense. Many pretrial hearings and motions are based on what is pleaded in the petition. The face of each pleading can determine the…
A Louisiana Court Signs Two Final Judgments, What Happens?
When a case ends at the trial court level, the judge signs a physical order document laying out the court’s decisions. This physical order document is called a final judgment; every case will only have one final judgment. Final judgments cannot be amended easily by either the trial court or…
All or Nothing—Piecemeal Peremptory Exception Reversed for Louisiana’s Drug Fraud Case
The legal system is complicated, with many “dos-and don’ts.” Whether or not you can have your case heard in court first requires following the rules guiding the sufficiency of your claim. If your complaint fails to show that you have a right to bring the case against your defendant, your…
Does Parental Liability Extend Over Adult Children in Louisiana Lawsuits?
In the United States, parents are often deemed responsible for the criminal conduct of their minor child. But the rules guiding this concept could be more precise and are subject to much controversy. How do we decide when that duty exists and when it ends? A Louisiana court answers the…
When an Employment Discrimination Claim Won’t Hold Water
An employment discrimination claim should be more than a list of grievances. To avoid dismissal, it must be timely and justified by facts and law. In Louisiana, an employment discrimination claim can generally be submitted within 12 months of an incident before it becomes late – or prescribed – by…
Ascension Parish Plaintiff has Lawsuit Barred due to Res Judicata
Once a case has been fully litigated, it has been established that the plaintiff cannot bring additional lawsuits against the same parties for the same cause of action. This principle, res judicata, promotes stability, efficiency, and fairness within our court systems. The following Ascension Parish case is decided based on…