A case arising out of the State of Louisiana First Circuit Court of Appeal considers whether defendants should have been permitted to raise certain peremptory contractual exceptions in the trial court: namely, objections of prescription, peremption, no cause of action, no right of action, and a dilatory exception of vagueness.…
Summary judgments are procedural devices used when no genuine issue of material fact exist that should be litigated in a full trial. The burden of proving that there is no issue as to material facts is on the party who is seeking the summary judgment. Once the moving party establishes…
Pursue your claim in time or forfeit your right to recovery. That is what the Louisiana doctrine of prescription generally holds. This doctrine bars a claimant’s right of recovery when he or she fails to exercise it within a certain time period. In Louisiana, the Medical Malpractice Act governs the…
If a person defaults on student loan payments, the loan issuer can obtain a order from the court, directing an employer to withhold money from the person’s earnings until the defaulted loan has been paid in full. A Bossier Parish School Board (“BPSB”) employee stopped paying her student loans. In order…
While many of us think of pirates as something that only exist on television or in the movies they do still exist throughout the world. While they no longer sack and plunder ships for gold they do cause great havoc by kidnapping ships and invading oil rigs off the coast…
A fire at a building you own cannot only damage your property but others as well. So what happens when a fire starts at your property and then quickly spreads to others, are you liable for their losses as well? The following case demonstrates what happens in court when a…
The loss of a loved one is a terrible experience that no one should have to go through. When that loss is caused by a car accident lawsuits are sure to follow. But what if your loved one was on a demo ride sponsored by a motorcycle company when tragedy…
Antitrust laws protect competition and prevent monopolies. Ultimately, they are meant to protect consumers by ensuring healthy competition. Yet it is a common misconception that antitrust laws protect individual competitors in the marketplace; that each unique competitor is itself the competition that antitrust laws seek to protect. False. Antitrust laws…
A recent case arising out of Tensas Parish, Louisiana, highlights the importance of checking on leases that burden any land before purchase. “Legacy lawsuits” are claims that oil and gas operations caused contamination on a property and generally name any operators who worked at the property and could have contributed…
The case may have seemed simple enough to the courts at first: interpret a contract. The main question in the case before the U.S. Court of Appeals for the Fifth Circuit was whether to apply the business’ projected income versus the actual income when calculating the coinsurance reward. The Court…