In the law, it is common for a case to turn on the definition of one word. A word that ordinarily may conjure a single image can explode with possibilities, nuances, and sometimes disastrous consequences during a lawsuit. For Mr. D that word was “employee.” In a recent case, the…
Buying an automobile can be an exciting experience regardless of whether one is trading in an old gas-guzzler for a newer, more efficient model or buying brand new. However, the process of buying an automobile can be a hassle if one happens to purchase a “lemon.” In Louisiana, a “lemon”…
When bringing a negligence lawsuit to recover damages for injuries sustained as a result of another person’s failure to act with due care, it is important to ensure that that sufficient evidence has been gathered in advance of the trial. A good lawyer knows that in order to properly safeguard…
In Louisiana, employers are considered to be vicariously liable for the wrongdoings of their employees. La. C.C. art. 2320. This means that an employer is held liable for damages that their employee may cause while performing designated job duties. In a recent case, the Louisiana First Circuit Court of Appeal…
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…