Imagine walking into your recently deceased parent’s home and discover that due to freezing temperature the pipes burst and there is water everywhere. You are shocked and angry because your parent’s beloved home is damaged significantly. Photographs and family memories that filled the home are now drowning in water. You…
Court procedures can be confusing for many people. Cases can be even more confusing when they involve medical malpractice claims. One Louisiana case arising from injuries suffered by the plaintiff from treatment he received in March and April of 2009 reached the summary judgment stage. The complaint was originally filed…
Employment discrimination can be damaging for both parties involved. It generally involves employee mistreatment, or a perception of such, that causes harm to the plaintiff. The employee must show that the employer treated him or her differently because of a federally protected reason, such as age, race, religion, or disability.…
Contractual relationships and the relative obligations and rights that come with them can be difficult to decipher. There are so many clauses, provisions, and sections buried in these agreements that understanding the importance of certain matters can get lost in translation. In order to truly comprehend the exact obligations and…
The right to jury trial is a fundamental part of our government, enshrined in its own amendment to the Constitution. U.S. Const. Amend VII. It is such a valued right that, while a party has the option to waive it, that waiver must be clear and obvious. In fact, a…
An appeal is the legal system’s way of letting the losing side have one, or two, additional chances at making their case before the final bell rings. The losing side can, and often does, argue for virtually every perceived problem or slight that occurred in the lower court proceedings. But,…
Louisiana is an “at-will” state when it comes to employment meaning when the employer and employee have not agreed to a limited term of employment, either the employee or the employer can break the relationship at any time without a reason. Term employment involves a stronger and a more defined…
Litigation is very complicated, particularly amongst the weeds of appeals and motions. This is illustrated very well in a case out of the Louisiana state Fifth Circuit Court of Appeal. One of the most important things it teaches is that it is invaluable to have a knowledgeable attorney who is…
When bringing a case for damages for wrongful termination due to age discrimination, a former employee must demonstrate that despite their age (or other considerations), they are capable of performing the duties associated with the position from which they had been fired. Failure to do so may result in a…
Lawyers owe a fiduciary duty to their clients, corporate directors owe a fiduciary duty to the corporation’s shareholders, and trustees owe a fiduciary duty to the beneficiaries of a trust. So, what is a fiduciary duty? Simply put, it’s a duty of the “fiduciary” (i.e., lawyers, corporate directors, trustees, etc.)…