Ponzi schemes ultimately come to an end and unfortunately cause a lot of pain, suffering, and litigation. The Stanford Ponzi scheme is no exception. As demonstrated in the following case, the complex nature of such schemes demonstrates the need for excellent legal representation if you are the victim of an…
Articles Posted in Litigation
Can a Pro Se litigant Proceed In Forma Pauperis?
The commencement of pro se litigation, meaning without attorney representation, is no easy task. A common aspect of pro se litigation involves a request to proceed in forma pauperis (IFP). A granted IFP request allows a pro se litigant to have the prepayment of fees or costs waived. See 28 U.S.C.…
Inadequate Remedies Under Foreign Law Do Not Make Arbitral Awards Unenforceable on Public Policy Grounds (Part II)
This post continues our discussion on the United States Fifth Circuit Court of Appeal’s analysis of the public policy exception in Article V(2)(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). As discussed in the previous post, Article V(2)(b) of the New York…
Inadequate Remedies Under Foreign Law Do Not Make Arbitral Awards Unenforceable on Public Policy Grounds (Part I)
The world we live in today is more interconnected than ever before. International commerce has led to rapid economic development in the United States and abroad. As more and more firms participate in international commerce, complex legal disputes arise. International disputes involve a multitude actors of different nationalities, implicating…
Louisiana Supreme Court: Defendants in Civil Cases Must Be Afforded an Opportunity to Be Heard Before Striking Deficient Answers and Entering Default Judgements (Part II)
This post follows up on our discussion of the Louisiana Supreme Court’s 2015 ruling requiring that a contradictory hearing is held before striking a defendant’s deficient answer and entering a default judgment in favor of a plaintiff. In this case, the defendant (Dirt Worx of Louisiana, L.L.C.) wrote a letter…
Louisiana Supreme Court: Defendants in Civil Cases Must Be Afforded an Opportunity to Be Heard Before Striking Deficient Answers and Entering Default Judgements (Part I)
In Louisiana, the plaintiff initiates a civil lawsuit by filing a petition with the Clerk of the Court and serving the defendant with a copy of the petition and citation. The defendant must answer the plaintiffís petition or risk a default judgment. A default judgment is a binding judgment in…
How Long Do You Have To File Your Lawsuit Once You Realize You Have A Lawsuit To File?
When a person is injured, a countdown begins. If you think you have a lawsuit, you need to file that lawsuit within a certain amount of time or else you will lose the right to that claim. Similar to what some states would call a statute of limitations, Louisiana uses something…
Can An Architect Escape Liability for Unauthorized Changes To Building Plans Even Though His Professional Seal Is On The Plans?
Good news for professionals; potentially bad news for consumers. Affixing a professional seal to a document does not alone expose a professional to liability if the professional does not directly offer any services to the consumer. The Louisiana Fourth Circuit Court of Appeal recently heard a case that dealt with…
Court of Appeal Upholds Class Action Against Housing Authority of New Orleans For Mold
Class action lawsuits are nontraditional litigation procedures. The ultimate purpose is to not only get relief for a defined class of persons but also a relief for all others similarly situated. See Brooks v. Union Pacific R.R. Co., 13 So.3d 546 (La. 2009). Oftentimes, the issue of who is in…
Failure To Follow Correct Procedure Proves Fatal for Appeal
One important process in our legal system is the ability to petition a higher court to review a lower court’s decision that you feel was wrongly decided. This appellate process is vital in making sure justice is upheld because it allows a losing party in a lawsuit to get a…