Class actions can be complex cases that lead the parties involved to appeal many of the decisions of the trial court. Sometimes the appeals court will determine that certain issues need more review at the trial court level prior to any decisions being issued on their part. A recent case out of…
Articles Posted in Litigation
New Orleans Court of Appeals Reverses Decision That Lowered Medical Liens In Personal Injury Lawsuit
When one is injured by the actions of another, it is hard to consider all of the moving parts inside and outside of a lawsuit designed to make the injured person whole again. Past medical bills after an accident may come back to haunt someone who has been injured after…
East Baton Rouge Woman Owes Full Medical Payments For Failure to inform Medicaid of Lawsuit
Patricia Jolynn Paulsell-Lathrop (Ms. Paulsell) was injured in a motorcycle accident on June 13, 2005. She, consequently, needed extensive medical care. Her health insurance company covered some of the medical costs. The Louisiana Department of Health and Hospitals- Medicaid Program (DHH) covered some additional costs. According to DHH, Ms. Paulsell…
Discrimination Case Against Children’s Hospital In New Orleans Dismissed, Affirmed by Fifth Circuit
Many people in Louisiana have been in a situation where they are striving to earn a promotion at work. Employers typically reward loyal, qualified employees in these circumstances, but sometimes there is more than one employee who may be right for the job. The ultimate choice may leave other employees…
Former Tennis Coach at LSU Losses Lawsuit After His Contract Isn’t Renewed
Everyone likes to be paid what they think they are worth at their jobs. But, sometimes employers take actions that make employees question their value and question whether or not the employer has ulterior motives. That seems to have been the thought process for the former coach of LSU’s women’s…
Caddo, LA- Second Circuit Reverses Trial Courts Application of the Doctrine of Res Judicata In Lawsuit Against School Board
Litigating an issue once is a difficult and time consuming process in itself, and having to do so twice would be an unbearable and unfair burden which is the reason for the existence of the doctrine of res judicata. It serves the courts purposes of fairness and efficiency by preventing…
St. Tammany Multi-Vehicle Accident Lawsuit Raises Issues of Negligent Spoilation
Plaintiff Richard Reynolds sustained injuries in a multi-vehicle accident on March 15, 2008, in St. Tammany Parish. Reynolds alleged, amongst other counts, that his insurer, Automobile Club Inter-Insurance Exchange (ACE) and Insurance Auto Auctions Corporation (IA) failed to preserve Reynolds’ vehicle for inspection purposes to determine whether any defects…
Court of Appeal Upholds Full Interdiction Order In Livingston Parish Case Involving Brain Aneurysm
Mental and physical disability is a trying issue for families that can cause incredible stress, especially when the person suffering from these infirmities is unwilling or unable to recognize their condition. Further, when the person is mentally unable to manage their health, personal, financial, and business affairs, legals steps must…
Civil Contractor Not Liable for the For the Actions of an Independent Contractor in Wrongful Death Lawsuit from Springfield, LA
In 2012, an independent contractor, Charles Kamrath, contracted with Creek Services, LLC to move one of their bulldozers. Kamrath had previously moved the same bulldozer with his trailer without any complications. On February 24th of 2012, Kamrath loaded the bulldozer to his trailer and commenced the transportation to Hammond, Louisiana.…
Calcasieu Parish Pro Se (Litigant Without Lawyer) Has Appeal Dismissed Due to Lack of Procedural Knowledge
In the law, it is quite rare for a case to ever be considered simple. Though the issues may seem quite obvious and clear to a plaintiff, it is almost never a good idea to represent oneself “pro se”. This is partially because of the subtle procedural pitfalls which may decide the outcome…