After a lawsuit, a trial is when each side can articulate their case theories. Usually, the culmination of a trial is a judgment that can be appealed. However, there are other occasions where the court can discuss the judgments besides an appeal. An alternative to an appeal is the petition…
Discrimination in the workplace should never be accepted. If you feel that you have been discriminated against for age or disability reasons, the law allows you to seek damages. A lawsuit of that nature is not unlike others; proof and evidence are required to proceed with your claims. The following…
The legal system is complicated, with many “dos-and don’ts.” Whether or not you can have your case heard in court first requires following the rules guiding the sufficiency of your claim. If your complaint fails to show that you have a right to bring the case against your defendant, your…
Claims involving both state and federal law can be extremely complicated; however, what happens when there are questions surrounding the state law itself? In this situation, the district court may actually abstain from exercising its jurisdiction until the state law concerns have been resolved—the following case involving law enforcement officers…
There are many ways that someone can be denied workers’ compensation benefits. Sometimes it is determined that the accident giving rise to the injury never occurred, other times the claim is filed too late, and in other cases the capacity in which the worker was hired determines eligibility for benefits.…
Workers in the State of Louisiana are protected by laws that prohibit employment-based discrimination. But often, the litigation process is complicated; employees who believe they are victims of discrimination and harassment face a challenging burden of proof in order to recover from their employer. Mr. Hui Chen worked as an…
There are multiple federal laws that affect the employer-employee relationship. Two such laws are the Americans with Disabilities Act (“ADA”) as well as the Family Medical Leave Act (“FMLA”). Lawsuits involving the laws often involve employees suffering from difficult circumstances. Such circumstances can become even more difficult if an employer…
Trees can add aesthetic value to your property and provide benefits such as shade in the summer heat and place for birds to nest. However, under certain circumstances, property owners can be held liable for injuries resulting from a fallen tree limb. This is exactly the situation homeowners and the…
In a civil case, you do not have the classic “speedy trial” right. Instead, courts will seek expediency by granting summary judgments when appropriate. The purpose of summary judgment is to avoid frivolous and unnecessary trials, or at a minimum, to simply reduce trial time by dispensing of some claims.…
It’s almost impossible to watch a movie or TV show about the police or crime without hearing the phrase “Miranda Rights.” Even if most viewers don’t know the U.S. Supreme Court case Miranda v. Arizona, which outlined those rights, viewers are aware that upon arrest, a person has multiple rights…