In Louisiana, the objection of prescription extinguishes a legal right of recovery when a party fails to exercise it over a given period of time. It is essentially a time limit on a claim, which can be raised in a couple of ways. Typically, it is raised by a peremptory…
Insurance companies are coming under increasing pressure due to the recent proliferation of natural disasters in the United States. For an insurance company, navigating the boundary between legitimate and bad faith denial of claims can be a very risky business. However, courts are providing more and more guidance for insurers of companies who…
The last thing that you want to do after dealing with litigious matters is have to hire more lawyers. However, if you believe your lawyer committed legal malpractice thats exactly what you will be forced to do. Lawsuits containing claims of legal malpractice are taken very seriously by the courts presiding…
In order to file an insurance claim you first must have insurance coverage. It’s important that you stay aware of the renewal dates for the continuation of coverage so that you do not end up losing out on critical insurance payments in times of crisis. In certain situations it’s your…
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…
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…
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…
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…
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…
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…