A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This…
Articles Posted in Real Estate
No Financing, No Closing, No Problem: Court Upholds Stipulated Damages in Failed Real Estate Deal
In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction. The case centered on a failed real estate purchase agreement, underscoring…
New Orleans Appeals Court Dismisses Appeal Due to Lack of Final Judgment, Underscoring Importance of Decretal Language
In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward…
No Duty, No Liability: Court Clears Stanley Access Technologies in Revolving Door Accident Case
In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained…
When is a Judgment Truly Final? Understanding the Importance of Resolving All Claims in Louisiana
A recent Louisiana Court of Appeal for the Fifth Circuit decision has underscored a crucial procedural point in the state’s legal system: not all judgments are created equal. In Holmes v. Paul, the court dismissed an appeal because the trial court’s judgment, while seemingly resolving the main dispute, left a…
Mold, Rats, and the Law: When a Tenant’s Nightmare Isn’t the Landlord’s Fault
Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives…
Unilateral Signature On Contract To Buy Real Estate Invalid
Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller.…
Do The Louisiana Recreational Immunity Statutes Apply To Gated Residential Communities?
Under the Louisiana Recreational Use Immunity Statues, owners and operators of property used for recreational purposes are immune for liability for tortious acts. Does this immunity apply when a child is injured playing in a gated residential community? Three Doyle children were playing in the common area of their subdivision…
Property Co-Owner Entitled To Reimbursement From Sale of Property For Certain Property Renovations
Owning property is not easy, especially when you have to share ownership with multiple individuals. Co-ownership can present challenging issues, especially when one owner wants to make renovations or sell the property. This case examines a dispute among family members involving property in the Parish of St. Bernard in Louisiana. …
Can A Renter Be Liable For An Injury Caused By a Leaky Apartment Ceiling?
When renting an apartment, tenants expect a safe and secure living environment. However, what happens when an accident occurs due to negligence by the apartment owner and management company? If a leaky roof in your apartment injures you, can you make a claim for your injuries? The following lawsuit answers…