What happens when a person is injured due to a company’s negligence and the company is based outside of the United States? The plaintiff generally must file a lawsuit in federal court, but there are certain jurisdictional requirements that have to be met. A plaintiff’s ability to file a lawsuit…
We often hear that insurance companies are stingy and heartless. Though some descriptions of insurance companies are exaggerated, it is nevertheless true that insurance companies are judicious in paying out claims. In some cases, an insurance company will attempt to avoid payment at almost any cost. Shawn Verges, a special…
In personal injury cases, the plaintiff can only successfully prove the defendant’s negligence if a legal duty of care exists. Where there is no duty of care as a matter of law, a trial court can dismiss the lawsuit by summary judgment. So, when a defendant files a petition for…
The Louisiana statutory employer defense grants statutory employers the exclusive remedy protections of the Louisiana Workers’ Compensation Act. La. R.S. 23:1061. To become a statutory employer, a principal must enter into a written contract with a contractor for work to be performed in furtherance of the principal’s “trade, business, or…
When you are injured in an accident, it may be tempting to file a lawsuit against anyone and everyone who might have been even slightly involved in the chain of events. The pain and frustration of an accident leads some injured parties to try and make as many people pay…
Once a trial court determines a judgment, it is difficult to obtain a reversal, especially if the judgment is one in which a jury awards compensation for a personal injury plaintiff. In the case below, the defendant appealed the amount the Trial Court awarded the plaintiff. The Appellate Court was…
Property owners have a responsibility to maintain safe conditions on their premises. However, if you are injured on someone’s property, there are still numerous elements you must prove in order to prevail on any lawsuit you may file for injuries arising from an unsafe premises. Establishing these elements can be…
Around 9am on Saturday, October 12 the Hard Rock Hotel partially collapsed over Canal Street in New Orleans after the top six to eight floors buckled onto the structure. According to New Orleans Fire Department Superintendent Tim McConnel, the remaining structure of the building remains unstable and could possibly collapse…
When an unexpected accident occurs, it can be difficult to pinpoint exactly who is responsible for the injury. In the absence of direct evidence of a violation of a duty, the existence of multiple possible parties who might be responsible can preclude recovery. Mr. Baraki Tsegaye (the Plaintiff) filed a…
The doctrine of peremption can prevent someone from bringing legal action against someone should that action be brought after a certain amount of time. Peremption is a period of time fixed by law for the existence of a right. La.Civ.Code art. 3458. This period is defined by an applicable statute.…