When land is expropriated by the government, there are many questions concerning how much money the government will owe you. Courts consider factors such as the appraised value of the property, relocation costs, inconvenience, and other possible damages. See La. Const. art. I, §4(B)(5). The best lawyers are familiar with…
Doctors – we literally put our lives, and the lives of our loved ones, in their hands. It is the most frightening feeling to know that your loved one is in surgery, the possibility of death or complications is always imminent, no matter how small or standard of a surgery.…
When something goes wrong in a legal case, how long does a party have to make their claim? Louisiana has statutes concerning the time frame in which a party has to bring a claim against an attorney for malpractice and the courts will uphold the time limitation depending on the…
Some cases have a countdown clock attached to them. The question is, when does that clock start? Is it when the damage happens? Is it when the other party is certainly aware of the damage? The courts must consider the facts in each case to be sure that the prescriptive…
Anyone who has been to a Mardi Gras parade in New Orleans knows that the festivities are often marked by high-speed projectiles aimed at the crowds. Indeed, the chance to catch coveted “throws” is the very thing that draws many parade goers. The risk of being hit by beads or…
In filing any petition for damages before a court, timing is critical. And similarly critical is the clear articulation of one’s legal and factual complaints. Failure to timely and clearly raise a particular legal issue risks dismissal by the court. Defendants in litigation can and will use defensive pleadings known…
Often in a discussion of tort law, the determination of whether an environment is reasonably safe is left up to the trier of fact in a particular case. Often, the trier of fact is a jury who listens to the evidence of the case and returns a verdict about the…
What happens in Baton Rouge if your Lawyer does not file your lawsuit appeal on time? You could lose that appeal. The following case demonstrates that Louisiana Courts follow strict procedural rules when it comes to filing for request for new trial. The best lawyers in Baton Rouge know these…
A case arising out of the State of Louisiana First Circuit Court of Appeal considers whether defendants should have been permitted to raise certain peremptory contractual exceptions in the trial court: namely, objections of prescription, peremption, no cause of action, no right of action, and a dilatory exception of vagueness.…
Summary judgments are procedural devices used when no genuine issue of material fact exist that should be litigated in a full trial. The burden of proving that there is no issue as to material facts is on the party who is seeking the summary judgment. Once the moving party establishes…