Employment discrimination can take many forms. One common form is gender discrimination. However, an employer may be able to avoid liability if they can provide legitimate and nondiscriminatory reasons why they decided to hire someone else that are not based on the candidate’s gender. Tensas Parish School Board (“TPSB”) needed…
Generally, terminating an employee on the basis of race is a violation of the Louisiana Employment Discrimination Law, which is similar to Title VII of the Civil Rights Act of 1964. La. R.S.23:301; 42 U.S.C.A. § 2000. Generally, to establish a case of racial discrimination under the Louisiana Employment Discrimination…
A 2016 case demonstrated the importance of making sure our universities remain safe and secure. While one would like to think our schools would be free from the dangers of larger society, Tulane learned the necessity of vigilance. While a student at Tulane University, the Plaintiff, Stephanie Boyd, shared a…
Often times during a lawsuit, cases involve a classic “battle of experts,” where each side presents an expert with an opinion which differs from their respective opponent’s side. The recent Jefferson Davis Parish case involved this exact situation. Hayes Fund for the First United Methodist Church of Welsh, L.L.C. and…
In order to successfully handle a lawsuit addressing the duty a business has to its patrons, an injured party should know that under Louisiana’s duty-risk analysis the main questions are: (1) whether a duty was owed; (2) whether that duty was breached; and (3) whether the breach caused the patron’s…
The “burden of proof” may be a familiar concept to everyone, even those inexperienced with the courts. The idea is that the party in a lawsuit holding the “burden of proof” is tasked with providing evidence that reaches the level of proof required to meet the burden. In car accidents,…
In Louisiana, if someone does work to your home and you find the work to have been completed unsatisfactorily, you have a one-year prescription period to bring the issue to court. However, what does one do if problems from this work do not appear right away? Considering the statute that…
Arbitration is a matter of contract. Parties to an arbitration agreement contract on matters they agree to submit to arbitration. That agreement defines the extent to which the parties are subject to the authority of arbitrator, and such authority corresponds to the boundaries set in the agreement. This case is…
What would it take for an appellate court to overturn an award of damages? According to the Louisiana 3rd Circuit Court of Appeal, the bar is set high and very rarely does an award for damages get overturned as long as it’s reasonable. Lafayette Motors employed Mr. Menard as a…
Timing and deadlines are important aspects of the judicial system. However, these specific guidelines are not familiar to most non-lawyers, which underscores the importance of having an excellent attorney represent you. The lack of an attorney can immediately put an individual at a disadvantage, as it did in one New…