There are many instances when an employer may be held liable for the actions of their employees, even when the former was completely uninvolved in the tort, or wrongdoing. This scenario is referred to as vicarious liability. The court must take several factors into consideration when dealing with a vicarious…
Articles Posted in Litigation
Louisiana Appellate Court Rules That Damages Awarded to Car Accident Victim Are Not Excessive Amount
Countless people are at risk of being in a car accident every day. Imagine you are on your usual morning commute to work, but suddenly someone rear-ends you causing injuries that change your life forever. You deserve to be compensated as much as you can to restore yourself to the…
Trustee and Executrix Liable For Breach Of Fiduciary Duty
When you select someone to serve as a trustee or executor, you expect they will act in your best interest. If someone in such a position of trust breaches that obligation, they might be liable for a breach of fiduciary duties. Fred Houston’s wife died, leaving him a life insurance…
Who Is Entitled To Inherit Bank Accounts?
A difficult part of dealing with a family member’s death is balancing your grief with having to deal with the practical considerations of administering their estate. This can lead to family conflict, especially when there is disagreement about who gets what. Although clear language in a will or testament can…
Can’t Just Say No: What Is Required To Decline UM Coverage?
If you want to decline uninsured/underinsured (“UM”) coverage, you might think it is sufficient to merely tell your insurer you do not want UM coverage. However, under Louisiana law, there are strict requirements with which you must comply in order to validly waive UM coverage. What happens if the insured…
Use of Racial Epithet Grounds For Termination
We all know that words matter. However, sometimes people use offensive or disrespectful words or slurs in the workplace. Workplaces often have policies in place that lay out prohibited behaviors and establish disciplinary actions for infractions, including use of disrespectful language. Such discipline can range from a write-up to termination…
When Is Department of Transportation and Development Liable For Car Accident Damages?
We all expect the government to take appropriate measures to keep roads safe. If you or a loved one has been harmed from an unsafe road condition, you might be able to file a lawsuit against the Department of Transportation and Development. Lacy Johnson was driving a car that was…
Gift Or Debt? What Happens To Car When Relationship Goes Sour
When you are in love, you might make purchases for your loved ones without giving them much thought. But what happens to big ticket purchases, like a car, if your relationship sours? William Redmon and Leisha Lindsey were acquaintances from high school. They started seeing each other. Lindsey said she…
When Do Employers Have To Pay Penalties And Attorney Fees For Denying A Workers’ Compensation Claim?
If you are injured on the job, you might be entitled to compensation through the workers’ compensation system. What happens if your employer denies your claims for treatment recommended by your treating physicians? Can your employer be required to pay you penalties and fees? Betty Citizen hurt her back while…
Settlement Agreements Do Not Preclude All Future Lawsuits
Entering into a settlement agreement can help efficiently resolve a lawsuit and allow both parties to move forward. However, sometimes you might be involved in multiple interrelated lawsuits. If you sign a settlement agreement with one party, are you precluded from pursuing other related litigation? Donald Hodge Sr., who is…