A party to a lawsuit may wish to appeal a court’s decision that they find unfavorable. But under Louisiana law, in most situations only final judgments can give the Court of Appeal jurisdiction to hear the case. In November of 2012, Jonathan Vince was the driver of a car in…
Articles Posted in Litigation
Baton Rouge Man Accuses District Court of Abusing Its Discretion and Denying Him Due Process
The Louisiana Code of Civil Procedure provides that a court has wide discretion in granting a continuance (a postponement of the proceedings) in any case where appropriate. See La. C.C.P. art. 1601. But what constitutes appropriate grounds for a continuance? A court must take into account the specific facts of…
After Bar Fight in Lake Charles, Louisiana, Court Reviews Award of Damages
People bring lawsuits in order to obtain compensation for wrongs they have endured. Even when there is no dispute about liability, determining the appropriate categories and amounts of damages can be complicated as it involves numerous legal and technical issues. Damages can encompass everything from past and future medical expenses…
Court Reverses Award of Damages for Failure to Comply with Flood Insurance Requirements
There are multiple requirements and policies that claimants must follow in order to be eligible to recover on a claim under a National Flood Insurance Program (“NFIP”) Standard Flood Insurance Policy (“SFIP”). See 44 C.F.R. pt. 61, app. A(1) art. VII sec J (2009). Failure to comply precisely with these…
Court Affirms Denial of Claim for Failure to Comply with Flood Insurance Requirements
The National Flood Insurance Program (“NFIP”) is intended to provide affordable flood insurance on fair terms. The Federal Emergency Management Agency (“FEMA”) is responsible for administering and regulating NFIP. There are multiple requirements and policies that claimants must follow in order to be eligible to recover on their claim. The…
Court Upholds Award of Damages for Retaliation Against Pilot for Complying with Federal Law
You may think that your company would be pleased if you try to comply with company policies. However, this is not always the case, especially when following policies can lead to adverse outcomes for the company, such as delayed flights or lost profits. Roger Luder worked as a pilot and…
Increased Fault Imposed on Calcasieu Parish School Board In Teacher Sexual Misconduct Lawsuit
It’s the subject of Lifetime Channel movies but something that no parent ever wants to believe would ever really happen. A teacher, a person in authority over minors, takes advantage of a student and engages in sexual misconduct. When this happens, is it ever appropriate to apportion some percentage of…
Pointe Coupee Parish Employee Denied Insurance Coverage in Work-Related Car Accident
Insurance policies can be varied, complex, and at times unintelligible. Policies are generally purchased for a time of need. Yet in many cases, the insurance company worsens a stressful event by denying coverage. Coverage can be denied for many reasons including when the claimant is an “uninsured motorist.” In a…
Ascension Parish Homeowner Wins Lawsuit Against Construction Contractors Who Refused to Complete Building
When you pay for a home to be built, it can be a stressful experience. That experience becomes even more stressful when you have fully paid for the construction of that home and the contractor ceases construction without even completing half of the construction. In such a situation, it takes…
Appeal Denied in Suit Involving Mortgage Superior to Homeowners’ Association Dues
It can be complex to determine the superiority of claims when a piece of property has a mortgage and various judgments against it. Superiority of claims means the order in which money is to be paid to different parties who are all owed money from the property or individual who…