Appeals courts are unique in two major respects: evidentiary requirements and standards of review. When cases are appealed, the evidentiary requirements are different at the appeals level than they were at the trial court level. For example, often the appeals court’s factual inquiry is limited to “the record,” or the…
When a hazardous condition on a merchant’s property causes a slip-and-fall accident, the victim can file suit for his or her injuries. But in Louisiana, the merchant can only be held liable for those injuries if the merchant created the danger or had actual or constructive notice of it before…
Under Louisiana law, if the owner of a defective ‘thing’ knew, or in the exercise of reasonable care, should have known of the ruin, vice, or defect of the ‘thing,’ if the damage could have been prevented by exercising reasonable care, and if the owner failed to exercise such reasonable…
When a legal issue goes to trial attorneys on both sides must abide by the rules of evidence. These rules pertain to how witnesses may be questioned and which evidence may be admitted. An error in any of these areas may lead to an objection which may be upheld by…
In May 2004, an employee (Dauzat) of the City of Marksville backed an emergency fire department vehicle into another car containing Daisy Marcile and multiple passengers. Ms. Marcile and her passengers were injured and filed suit against the City of Marksville for damages. Per La. R.S. 13:5105, a political subdivision…
Every first year law student learns about negligence in their tort law class. Negligence claims are some of the most common claims brought in civil court. In order for a defendant to be found liable for negligence, it must be shown that the defendant owed the plaintiff a duty of…
Under Louisiana law, there are very specific rules about how to properly serve someone, and one of the important aspects of service that an attorney has to get right is the timing of it. Furthermore, not only does the service have to be carried out in a timely manner, but…
Filing a Motion for Summary Judgment in Louisiana Can a trial court properly grant a motion for summary judgment when material issues of fact still remain? According to Louisiana law, a motion for summary judgment is not properly granted if material issues of fact still remain. Summary judgment is only…
If you feel like your attorney has engaged in malpractice, what can you do? First, you should have a basic idea of what actually constitutes legal malpractice. In Louisiana, the plaintiff has to prove (with evidence that is strong enough to convince a reasonable trier of fact) three things. 1)…
Understanding the distinction between a final judgment and an interlocutory judgment is crucial to making sure your case does not get dismissed as untimely. A final judgment determines the merits of the case in whole or in part while all other judgments are interlocutory. Interlocutory judgments are intermediate rulings decided…