Language is key when it comes to the law. A court cannot give a plaintiff what he or she asks for if the request is vague. In a similar vein, a judgment’s lack of certain magic words can render it defective. Words have precise meanings in order to be given…
Articles Posted in Litigation
Gretna Woman’s Excessive Force Lawsuit Against Gretna Police Fails For Lack of Evidence
Excessive police force has become a nightly topic in the American news cycle. Ranging from discrimination to life-and-death situations, no one wants to be on the receiving end of mistreatment. In a recent case, a Louisiana woman experienced what she felt was excessive force by law enforcement officers in her…
Louisiana Court Discusses Evidentiary Issues in Case Against Louisiana Department of Transportation and Development
In recent years, many have reported on America’s crumbling infrastructure. Reports show roads, bridges, and dams in disrepair, and raise significant questions about whether governments are applying appropriate modern standards when it comes to our infrastructure. In a recent case, the plaintiffs alleged that the Louisiana Department of Transportation and…
Lawsuit Against Louisiana Department Wildlife and Fisheries “Barred” and “Not Ripe”
When a plaintiff files a lawsuit, he or she must make sure that the filing is done in the right court at the right time. The court hearing the dispute must have the power to adjudicate and resolve those claims. Sometimes, certain legal doctrine can bar a court from hearing…
Court of Appeal Considers Dance Ballroom to Be a “Merchant” Under Liability Statute
The Louisiana Merchant Liability Statute aims to protect persons from unreasonable risks of harm by unscrupulous merchants. At the same time, it limits the liability of merchants and protects them from frivolous lawsuits. In order to succeed on a merchant liability claim, the plaintiff must show that the merchant knew…
Louisiana Trial Court Trips Up On Procedural Aspects of Improper Medicine Dosage Lawsuit
It is no secret that a lawsuit has the potential to become a tangled web of procedural issues. This is why it is always a good idea to secure a good attorney with experience in dealing with the court system. Perhaps less common is the situation where the judge, the…
Louisiana Court of Appeal Discusses Driving Rules in Left Passing Motorist Case
When you are in a motor vehicle accident, there are many issues that can arise as to the issue of fault and whose version of events is more reliable. Conflicting versions of what happened can make it difficult for the court to assign fault. It is thus important to always…
Louisiana Medical Malpractice Case Dismissed in Summary Judgment Because of Lack of Evidence
In November 2008, in Claiborne Parish, Mr. Fields went to Willis Knighton Claiborne Regional Health Center for complaints of diarrhea. Mr. Fields also had an extended history of medical issues, including hypertension and a kidney transplant. He saw a nurse practitioner, who consulted with a doctor and gave him a…
Pro Se Litigant Loses Claim Over Failure to Meet Burden of Proof in Louisiana Court
When asserting a claim under constitutional law, the moving party must meet a specific standard that is easily navigated by an attorney. As one Louisiana man recently learned, without the help of a lawyer, navigating these pleading standards can be difficult and detrimental to the outcome of your case. In…
Failure to Maintain a Claim at Each Level of the Court System Causes Man to Lose Federal Question Jurisdiction
In a lawsuit, a client’s claims need to be monitored every step of the way. If an issue is revived in an appeal, an attorney must keep track of it and reinforce it at each new representation. If an attorney doesn’t continue to assert a claim, a court might think…