Plaintiff Richard Reynolds sustained injuries in a multi-vehicle accident on March 15, 2008, in St. Tammany Parish. Reynolds alleged, amongst other counts, that his insurer, Automobile Club Inter-Insurance Exchange (ACE) and Insurance Auto Auctions Corporation (IA) failed to preserve Reynolds’ vehicle for inspection purposes to determine whether any defects…
When a person dies due to the fault of another, such as in a car accident, the surviving family may seek compensation for their loss by filing a wrongful death claim in civil court. A wrongful death claim is similar to a personal injury claim in which the injured person…
Karen and Joe LeBlanc brought a medical malpractice action against Dr. Rezaul Islam. A medical malpractice claim is a specific type of negligence claim in which the plaintiff alleges that a doctor or medical professional failed to act with the level of care they are duty-bound to provide, and that…
Mental and physical disability is a trying issue for families that can cause incredible stress, especially when the person suffering from these infirmities is unwilling or unable to recognize their condition. Further, when the person is mentally unable to manage their health, personal, financial, and business affairs, legals steps must…
In Louisiana as in other U.S. states, the doctrine of res judicata – literally “a matter judged” – prevents parties from re-litigating a matter once it has been adjudicated on the merits by a competent tribunal. This prevents prolonged litigation of cases which have been purportedly concluded, thus avoiding an…
When seeking legal relief, plaintiffs will face procedural hurdles during litigation. Defendants can and will often use procedural mechanisms to avoid liability for claims brought against them. This is the nature of the game, and skilled attorneys are masters of the rules governing the conduct of civil trials. Procedural law…
In 2012, an independent contractor, Charles Kamrath, contracted with Creek Services, LLC to move one of their bulldozers. Kamrath had previously moved the same bulldozer with his trailer without any complications. On February 24th of 2012, Kamrath loaded the bulldozer to his trailer and commenced the transportation to Hammond, Louisiana.…
Throughout the last century asbestos was used in many products as an insulator from heat. Countless workers in the 1940s, 50s, 60s and beyond were exposed to asbestos fibers as part of their daily work. Those fibers can lie dormant for decades prior to forming mesothelioma cancer that then can metastasis…
In Louisiana the owners of motor vehicles are required by law to maintain a minimum amount of insurance in case of a collision. That’s the law and there is no getting around it. The rational behind it is simple, if you crash your car into someone else there needs to…
In the law, it is quite rare for a case to ever be considered simple. Though the issues may seem quite obvious and clear to a plaintiff, it is almost never a good idea to represent oneself “pro se”. This is partially because of the subtle procedural pitfalls which may decide the outcome…