It’s common sense that self defense class instructors should teach the students how to defend themselves and not inflict pain or broken bones while instructing. However some instructors can go overboard while trying to “teach” these skills. The following case out of Lafourche Parish highlights what can go wrong when simulations…
Class action lawsuit certification is one of the most complex areas of the law to explain. The question of whether a lawsuit would be best as a class action or as individual lawsuits often comes down to a determination of what is the best method for fair and efficient adjudication…
Sometimes you have a run of bad luck. If your injured on the job then not long after you get into a car wreck it can be hard to pinpoint which incident caused your injuries. If you are unfortunate enough to be involved in this scenario make sure you have the…
In litigation, “discovery” is the legal procedure by which parties obtain evidence from other parties or non-parties. Examples of common discovery tools include depositions (a witness’s out-of-court testimony) or requests to produce documents or other things. In Louisiana, attorneys must sign discovery requests, responses, and objections to discovery requests. This…
Countless lawsuits are decided under the legal standard of summary judgment. Summary judgment occurs when lawyers request a court to decide whether there are enough facts in dispute to even proceed with a lawsuit. The party requesting summary judgment must show that there is simply no dispute of any material fact…
Not all slip and fall cases are successful as the burden of proof on the victim can be high in Louisiana. In a recent opinion out of the Louisiana Fifth Circuit Court of Appeals the trial court’s decision to award $20,000 to Carolyn Bennette, who slipped and fell at the…
Most people have heard the saying “A Deal’s a Deal.” That’s what the plaintiffs thought in a case that arose from Rapides Parish that involved eight people in one vehicle and one person in the other. The plaintiffs were the driver and passengers in the eight-person vehicle, and they were…
Being an employee aboard a ship in the Gulf of Mexico can be hard work, and it can also be dangerous work. For Mark Baldwin, who worked as a sandblaster and painter for Cleanblast, LLC, danger presented itself when he was assigned to the vessel Brody Paul and serviced oil…
A redhibitory defect is a problem with an article that renders it useless to the buyer. In Louisiana, although a seller owes no warranty for defects that are known to or should have been discovered by the buyer at the time of the sale, a seller does, by operation of…
The possibility of a error during surgery is frightening for any medical patient. But unexpected occurrences during surgery don’t always rise to the level of medical malpractice. The best medical malpractice attorneys know that to pursue claims of negligence expert testimony is mandated. The following case involving a gynecologist based…