Car accidents are scary. Whether any parties are injured or not, dealing with the insurance company for vehicle damage or personal injury is not an enjoyable activity for the general public. The situation is even less enjoyable when the person dealing with the insurance company is not the policyholder. In…
Articles Posted in Litigation
Company Prevails in Slip and Fall Claim because Condition was Obvious and Apparent
We often imagine slipping and falling on company property to be an instant payday for the injured party. Slip and fall injuries, however, can occur as a result of a variety of conditions and in numerous locations. One recent unusual situation involved algae in a parking lot that caused a…
Help with Hurricane Ida Insurance Claims Part 1- Record your Phone Calls
In the wake of Hurricane Ida, there will be hundreds of thousands of insurance claims. Insurance companies will be overrun, but that’s no excuse for those companies to fail to pay your claims timely. Unfortunately, that’s not always how claims are handled. You undoubtedly have seen numerous posts giving general…
Summary Judgment Proper in Suit Against the Secretary of Louisiana Department of Public Safety and Corrections
In a civil case, you do not have the classic “speedy trial” right. Instead, courts will seek expediency by granting summary judgments when appropriate. The purpose of summary judgment is to avoid frivolous and unnecessary trials, or at a minimum, to simply reduce trial time by dispensing of some claims.…
Wrong Address of Defendant Without Due Diligence Leads to Dismissal of Case
The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has…
Florida Boulevard Car Accident Injury Claims Reinstated After Appeal of Summary Judgment
Summary judgments are a common tool in litigation to not only expedite the drawn out trial process, but they can also be used to cut down on the cost of a lawsuit. Yet, there are different standards about what kinds of documents can and cannot be considered when a party…
St. Mary Parish Crossing Guard Conspiracy Allegations Thrown Out Because of Issue Preclusion
On TV, lawyers are often shown dramatically acting out speeches in courtrooms and confronting witnesses. Those litigators do often have to speak and cross examine individuals, but in reality, much of an attorney’s role is to make sure the procedural and pleading aspects of a lawsuit are done correctly. Some…
East Baton Rouge Worker’s Claim Upheld after LA Workforce Commission Fails to Pay His Wages
Perhaps one of the biggest myths about the law is that you can bring a lawsuit anywhere about anything. In reality, a court must have jurisdiction in order to hear a case. Jurisdiction is the power of a legal body to make binding decisions over the people involved. In addition…
Court of Appeal Defers to Trial Court’s Credibility Finding in Domestic Abuse Case
Domestic abuse is a global issue that requires the services of excellent lawyers and even better judges to sort out the myriad of problems that arise in each domestic violence case. The justice system must use all of the tools at its disposal to try to protect victims from their…
Plain Language of Statute Allows Case Against Texas Corporation in Louisiana
Sometimes, the most complicated cases can have the most simple resolution. For West Baton Rouge plaintiffs who sued mining companies for extracting resources underneath their property without their knowledge, the ultimate outcome of the lawsuit rested on the plain meaning of statutory language. TMR Exploration, Inc. was a mining company…