Wrongful demolition is a cause of action rarely invoked because the events giving rise to such an action rarely occur. Essentially, a claim for wrongful demolition arises when a plaintiff’s property was mistakenly or wrongfully demolished. In the following case, Morgan Moss found himself in the unique position of asserting…
Articles Posted in Litigation
Procedure Reigns Supreme in Dismissal of Plaintiff’s Medical Malpractice Case Out of Acadia Parish
Ignoring instructions when assembling a coffee table, toys, or other household items may not, in the end, prove highly detrimental. In fact, such practices are commonplace. However, failing to follow the correct procedural steps is ruinous in the world of lawsuits. Recently, the Louisiana Third Circuit Court of Appeal was…
Insurance Company Not Required to Defend Lawsuit for Intentional Acts in Defamation Case Out of Caddo Parish
Does your homeowner’s insurance policy include coverage for libel or slander? We all make inappropriate comments and write negative reviews online from time to time. But what if you are sued for something you say or write? In a recent case out of Caddo Parish, Louisiana a dentist learned that…
Louisiana Court of Appeal Upholds Jury Award for Bossier Parish Family in School Bullying Case
School bullying is a commonly discussed problem in our generation. Parents are often faced with dilemmas on how to protect their children and instruct them in dealing with bullies at school. In earlier eras perhaps this was considered a problem for the individual family to bear alone. In a recent…
Informal Letters Insufficient to Resurrect Abandoned Livingston Parish Case
It is no secret that lawsuits are expensive creatures. It is perhaps baffling then that a party would retain an attorney, file a lawsuit, and maintain that lawsuit for over thirteen years without sufficiently actively pursuing that lawsuit. Yet, that is exactly what happened in a recent case out of…
Louisiana Employment Discrimination Case Fails Due to Lack of Evidence
Unfair treatment at work can, unfortunately, be a common occurrence. While always annoying, the treatment can sometimes rise to such an egregious level that an employee feels justified in filing a lawsuit against the employer; especially if the aggrieved employee feels that there are racially motivated variances in treatment. As…
Lack of Clarity as to the Law Entitles Officers to Qualified Immunity in Louisiana Lawsuit
We all know that each U.S. citizen is entitled to certain rights contained within the Constitution. For example, the right to bear arms, the right to free speech, and the right to practice any form of religion. But what about rights that were not explicitly stated within the Constitution, like…
Case in Jefferson Parish Deemed “Abandoned” After Three Years of No Activity
A good lawyer must be on top of his or her case. Not only must a lawyer know the facts of the case and the applicable law, but the lawyer must also meet certain deadlines and procedure requirements by the court. While little activity on a case might mean it…
Louisiana Court Finds Commercial Liability Insurer Owed No Duty to Defend
Inherent in most insurance contracts is an insurer’s duty to defend its insured against certain lawsuits. Part of this duty requires the insurer to pay for all legal costs and other fees related to a particular lawsuit. In a commercial general liability (“CGL”) context, business owners often rely on an…
Strict Adherence to Flood Insurance Policy Requirements is Crucial to Obtaining Recovery
The National Flood Insurance Program, or NFIP, was Congress’ approach to providing flood coverage at affordable rates. Generally, through the program homeowners can buy a Standard Flood Insurance Policy, or SFIP, from the Federal Emergency Management Agency, or from private insurers. According to the Court of Appeals for the Fifth…