Have you ever been in an accident where you were found at fault, but you know in your heart it wasn’t your fault? In this case, the trial court granted summary judgment in favor of the defendants because the plaintiffs failed to provide evidence that the driver of the car,…
Parties are entitled to immediately appeal during litigation as long as a decision has been properly designated as the final judgment. However, the Louisiana First Circuit of Appeal (“the Court“) also has a policy against multiple appeals and piecemeal litigation. So, how does a system balance the right of parties…
An automobile accident is not a lottery ticket. It is not an opportunity to take a negligent party to court and “sue their pants off” in an effort to win a hefty money judgment sufficient to pay for a bed-and-breakfast getaway in Natchitoches. But it should not leave the plaintiff…
Trials are an economic drain on society. Though they serve an important role in our society, they are costly and time-consuming. As a result, courts cannot take every case to trial, and the judicial system must be selective. Thus, sometimes a court makes a judgment without a trial because there…
Trial courts can make mistakes. Some mistakes are permanent, so a redo is impossible. In other cases, the mistakes can be reversed on appeal by an appellate court. When an appellate court reverses a trial court’s decision, the trial court could have to revisit the entire case and put things…
Navigating a lawsuit is a difficult task. Not only do you have to prove the merits of the case, but you also have to navigate the judicial system’s complex procedural requirements. Even if your case seems likely to succeed on the merits, failure to comply with procedural requirements can leave…
Around 9am on Saturday, October 12 the Hard Rock Hotel partially collapsed over Canal Street in New Orleans after the top six to eight floors buckled onto the structure. According to New Orleans Fire Department Superintendent Tim McConnel, the remaining structure of the building remains unstable and could possibly collapse…
Opinions vary on the principles of trickle-down economics, but on December 15, 2015 the United States Court of Appeals for the Fifth Circuit issued an opinion which affirmed a lower court summary judgement decision for Northwestern State University to take down economics, along with one of its tenured professors. In…
When a lawsuit fails, there are certain situations where the party who brought the failed lawsuit is responsible for the costs to the other party. Where that line is drawn is generally based on a judge’s discretion and views on the reasonability of those costs. Without excellent attorney work, procedural…
If you get hurt due to someone else’s negligence and they agree to cover the costs, how much time do you have to sue for damages? According to Louisiana’s Second Circuit Court of Appeal, you have one year from when the injury occurred or when prescription is interrupted. Typically, prescription…