Have you ever noticed that running alongside power lines are other types of cables? They are not easily distinguishable from one another, but communication lines and support lines also run along our electricity source. Looking so similar, it would be hard for an ordinary person to tell to whom each…
Articles Posted in Litigation
Injured Employee Argues New Orleans Trial Court Judgment was Premature due to Inadequate Discovery
Imagine getting hurt on the job, seeking help from a good attorney, following all the court’s requirements, and still having all your claims denied because your opponent did not appear for a deposition. For Raymond Schultz (“Schultz”), an employee of Blanchard Contractors, this scenario became his reality after the District…
A Doctor’s Indiscretion or Abuse of Discretion? Louisiana Supreme Court Weighs In
Sickness often begets a doctor’s visit, and sometimes severe illness calls for a trip to the emergency room. So when parents, David Pitts, Jr. and Kenyetta Gurley, arrived at Hood Memorial Hospital in Amite City, Louisiana, with their daughter, Lyric, it’s likely neither expected to leave there without their daughter’s…
Discrimination Lawsuit Against Florida Parishes Juvenile Justice Commission Dismissed Due to Prescription
Timing is always important; however, in legal matters, it determines whether you can even bring a lawsuit to the courts. In most states, the time frame to bring lawsuits is called the statute of limitations, and in Louisiana, it is called prescription. Generally, you have one year to file a…
Who should be held liable for a pileup on the highway shoulder?
Imagine you were just in an accident, and you pulled over on the shoulder of the interstate highway. Traffic is roaring in your ears, the wind is whipping past your face, and you can feel the congested car flows as your tires buzz. Luckily, you are not injured. As you…
Decretal Language: Last Words in a Final Judgment
Decretal language, what on earth is it, and why is it so important? The Louisiana Third Circuit Court of Appeal recently dismissed an appeal because the trial court’s judgment lacked proper decretal language. So what are these “magic words”? Why are they indispensable for a final judgment to be given…
Caddo Parish Trial Court Required to Consider Factual Evidence to Appoint Only One Estate Executor
It is a sadly familiar scenario: a family suffers a loss and soon after devolves to fighting over the will. The family may never imagine turning against one another, yet it happens over and over. The Youngblood family from Caddo Parish recently found themselves in such a fight. Frances Youngblood…
Adequate Medical Evidence Required To Establish Causation Of Alleged Injuries
Imagine an injury on a ladder, lawnmower, boat, or other manufactured product. The product might appear defective; however, is defectiveness sufficient to win a lawsuit against the manufacturer? Under Louisiana law, to prevail in a lawsuit alleging medical injuries from a defective product, a plaintiff must provide adequate medical evidence…
Fifth Circuit Court in Louisiana Affirms Dismissal of Asbestos Lawsuit Because Of Prior Settlement Agreement
The difficulty of losing a loved one is compounded when death results from a faulty product. Further anguish occurs when a lawsuit against the defective product manufacturer is dismissed, barring recovery. It is essential to be aware that there are many deadlines and requirements to comply with to avoid the…
Fifth Circuit Court Finds Succession Administrator Can Bring Civil Rights Action
What would you do if you were heir to property and found out the City had issued a demolition order for that property? A recent case decided in New Orleans discusses that question. The City of New Orleans, Louisiana, brought administrative proceedings against property owners whose property was allegedly blighted.…