In order to prevail in a lawsuit, the plaintiff must have a “cause of action,” which is a theory of law supported by facts that the court can recognize as a path to providing the plaintiff a remedy. At trial, a defendant may raise a peremptory exception — essentially an…
It really does go without saying, but lawsuits tend to progress slowly. Delays abound and the realities of finite court resources mean that lawsuits can take years to complete. As an alternative to using this system, some parties will agree to arbitrate disputes. Arbitration takes place outside the court system…
No one wants to think about how to find a good lawyer or whether they should file a lawsuit after they’ve been injured. Most likely, they are preoccupied with trying to heal. But it is critical to keep in mind that many claims may be time-barred, and a lawsuit cannot…
Americans value their privacy. Yet in certain contexts, privacy is not absolute. For instance, an employer may order an employee to get a blood test if pertinent to a work-related incident, even if that employer is the government itself. The Shreveport Police Chief gave such an order when the department…
The worst thing that could happen if you are in a bad situation is for that situation to get worse. A New Orleans, Louisiana, resident found himself in that exact scenario when he was in legal trouble and subsequently found himself in even deeper legal trouble. MT, the defendant, owned…
Many people think that if they make a will, the administration of their property after death will go smoothly, with no questions asked. This is not always the case. A Louisiana case out of Jefferson Parish dealt with one of these precarious situations. After her husband, Anthony’s sudden death in…
A contract creates a level of trust between two businesses or individuals, but what happens when one individual fails to uphold their end of the bargain? Or worse yet, what happens when an individual purposefully misrepresents their ability to uphold their end of the bargain? These are issues the Louisiana…
When an employee is injured on the job, workers’ compensation is often a faster and more efficient method to seek damages than other judicial remedies. Once a judgment is entered, it is important for the injured party to promptly collect damages because this judgment could prescribe, or no longer be…
Plaintiffs cannot litigate multiple lawsuits brought over the same cause of action. For example, if a company wrongfully terminates someone’s employment, the employee can traditionally bring only one lawsuit addressing this issue and not a second or third after a court decides the first. This barring is called res judicata.…
Deadlines matter. They matter in all areas of life, but in the legal world, missing a deadline can determine whether legal action will move forward or not. With every cause of action, there are time frames for filing claims and appeals and oftentimes—even in situations where recovery seems necessary or…