In this post, we will explore the basic concepts of a class action lawsuit. In particular, we will examine the rules that govern the process by which the court decides whether to recognize a class and permit a group of plaintiffs to litigate under one single action. In a subsequent…
According to Louisiana law, a landowner “owes a duty to a plaintiff to discover any unreasonably dangerous condition, and either to correct the condition or warn of its existence.” However, the courts have consistently held that landowners generally have no duty to protect against “open and obvious” hazards. If the…
The primary duty of the Louisiana Department of Transportation and Development (DOTD) is to “continually maintain the public roadways in a condition that is reasonably safe and does not present an unreasonable risk of harm to the motoring public exercising ordinary care and reasonable prudence.” In a recent post, we…
The Third Circuit Court of Appeal for the State of Louisiana affirmed a Calcasieu Parish court’s decision to grant the defendants’ motions for summary judgment and dismissal of the plaintiff’s claims for injuries she sustained when her electric grocery cart allegedly malfunctioned while she was grocery shopping. In considering a…
On March 13, 2008, Sarah Hollier visited Dr. Gregory Green for treatment of bronchitis. Dr. Green wrote Hollier a prescription, which she took to the Super One Pharmacy in Monroe to have filled. The pharmacist on duty, Katy Buntyn, was not familiar with the particular form of the drug that…
On June 19, 2006, CITGO Petroleum Corp. released some four million gallons of hazardous slop oil and seventeen million gallons of wastewater into the Calcasieu River from the waste water treatment unit at its Lake Charles refinery. The overflow was caused in part by a storm that dropped more than…
Previously on this blog, we have discussed the Louisiana Medical Malpractice Act (“LMMA”) and its requirement that “all claims against healthcare providers be reviewed or ‘filtered’ through a medical review panel before proceeding to any other court.” A plaintiff who fails to do this is subject to the defendant’s “exception…
The Louisiana Supreme Court recently provided guidance on the jurisdictional limit for proper filings in Louisiana civil courts. At issue in the case of Thompson v. State Farm was the jurisdictional limit required for proper filing in city court. While filing may seem to the unknowing person on the street…
To win a case, a plaintiff must prove the elements of his or her legal claim, or cause of action. Each cause of action is comprised of certain required elements. For example, in a breach of contract claim, a plaintiff must prove the following elements: duty, breach, causation, and damages.…
In 1996, a group of plaintiffs filed a petition for damages against the city of Baton Rouge/Parish of East Baton Rouge alleging that the operation and maintenance of the North Wastewater Treatment Facility caused personal inconvenience, mental suffering, embarrassment, and personal injuries, threatening their health and safety, as well as…