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Articles Posted in Strict Liability

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Fifth Circuit Sides with Plaintiff in Jones Act suit for Injuries Sustained on Sea Vessel

The Jones Act deals with injuries suffered by employees working on American sea-going vessels and their rights to workers’ compensation for those injuries. The Act requires employers to “maintain a reasonably safe work environment.” Another important feature of the Jones Act is that not only is the employer liable for…

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Cause-in-Fact Requirements of a Negligence Lawsuit

To bring a negligence lawsuit, the plaintiff must provide evidence to show, among other things, that the defendant’s actions caused the injury in question. Causation has two components, cause-in-fact and proximate cause. Cause-in-fact is the actual event that caused the harm. Proximate cause refers to the legal cause. The proximate…

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Spoliation of Evidence Key Concern in Personal Injury Cases

After you have been in a terrible accident or lost a loved one, especially when the accident or death was caused by the negligence of someone else, you probably want justice. The outrage, the pain, and the sense of loss are too much to bear, and you want someone to…

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Proper Service Essential for Successful Legal Remedy

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…

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Inspecting Summary Judgment When Case Involves Improper Lawyer Actions

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…

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The Role of Court-Appointed Experts in Complex Litigation

In order to aid the court, a judge might occasionally appoint an expert to help with specific aspects of the case. Court-appointed experts are different from a specific party’s experts because the court-appointed experts do not favor one side or the other, but rather, help the judge with certain tasks…

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Louisiana Legal Malpractice Claim Arises from Car Accident

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)…

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The Burden of Proving Legal Malpractice Claims in Louisiana

Every detail matters at trial and can make the difference between winning and losing. In a recent Louisiana case, BCM L.L.C (“BCM”) and Nawlins Kajun Foods, L.L.C. (“Nawlins”) sued Copeland’s of New Orleans under the theory of detrimental reliance. At the end of the trial, the jury sent a request…

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Missing One Deadline is Crucial to Victim’s Suit in the Parish of Acadia

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…

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Medical Malpractice Cap Reviewed By Louisiana Third Circuit Court of Appeal

Recently, the Louisiana Third Circuit Court of Appeal considered the assertion that the Medical Malpractice Act’s limitation of recovery or the “cap” contained within La.R.S. 40:1299.42(B) is unconstitutional. At trial, the court determined that the Louisiana statute La.R.S. 40:1299.47(B) was unconstitutional “as violative of the equal protection and adequate remedy…

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