A trial is supposed to finalize your case, it should be the beginning of the end of the litigation process. However, after a judgment is rendered the Louisiana Code of Civil Procedure allows for a Motion for a New Trial which can allow for a second bite at the apple.…
Articles Posted in Litigation
Dispute Over Donation of West Monroe Property Emphasizes the Importance of Proper Service and Citation
Under Louisiana civil procedure, it is well settled that “proper citation is the cornerstone of all actions.” If a party to an action is not served with process in the manner required by law, the result of that action is considered null and void. This requirement is intended to ensure…
Insurance Company Evades Liablity in New Orleans Slip-And-Fall Lawsuit
No one wants to ever get involved in a slip-and-fall lawsuit. If your unfortunate enough to be injured in a slip and fall finding out who is responsible to pay for your injuries can become a troublesome matter. A recent Louisiana Fourth Circuit Court of Appeal opinion demonstrates just how complicated…
Redhibition Lawsuit Against Monroe Automobile Dealer Dismissed Due to Prescription
Buying a car is a huge endeavor for most people. Most of the time we do our due diligence and make sure we have a fair understanding of what we are purchasing. However, only so much information is under of our control. When buying a used car, we are often…
First Circuit Court of Appeal Affirms Award of Attorney Fees and Expert Witness Fees In Expropriation Lawsuit
Gerald O”Hara from Gone with The Wind said it best, “The land is the only thing in the world worth working for, worth fighting for, worth dying for, because it’s the only thing that lasts.” While land ownership is a sacred right in this nation it does not prevent the…
Louisiana Supreme Court Highlights Pleading Requirements for Putative (Unestablished) Parents in Wrongful Death LawSuits
Imagine your child passed away in the most horrific way. You seek remedies in the court system, but the court does not recognize your right of recovery as a parent. What a nightmare. In Louisiana, a putative (unestablished) father must timely file an action for avowal (a father’s action to…
West Monroe Woman’s Slip and Fall Lawsuit Revived by Appeals Court on Constructive Knowledge Grounds
As the old saying goes, “accidents happen.” But, in personal injury lawsuits, like in many matters, another saying is more on point: “The devil is in the details.” And on that point the Second Circuit Court of Appeals reversed a summary judgment in favor of the City of West Monroe…
Decision of Livingston Parish Jury Reinstated in Multiple Car and Tractor Crash Lawsuit
On the back roads of Louisiana it is not uncommon to see tractors and other farm equipment traversing the highway. If that farm equipment is involved in an accident with a car everyone involved might have a different story on how it occurred. If that happens it takes the best…
Bogalusa Slip and Fall Lawsuit, Is Travis’s Grocery and Market Liable?
Anyone who has purchased chicken from a grocery store knows that for some reason the packing always seems to leak. But what happens if that leakage occurs in a grocery store and you slip on it and hurt your back, is the grocery store responsible? The following case out of Washington Parish…
Baton Rouge Collision Highlights Difficulties in Assessing Witness Testimony in Motor Vehicle Accidents
The Louisiana Revised Statutes along with rules of jurisprudence help Louisiana courts determine whether or not a particular driver is at fault for an accident. For example, La. R.S. 32:81(A), provides that drivers must not follow another vehicle unreasonably close and must take into account the speed of the vehicle…