For quite some time, courts across the country have expressly disfavored the use of non-compete agreements (“NCA”s). On June 5, 2015, the Louisiana First Circuit Court of Appeal ruled consistently with this sentiment. The court ruled against a company attempting to attain injunctive relief and damages against one of its…
If you are injured during the course of your employment, you may have a cause of action against your employer for your injury. But beware of time limitations. Even if you have a solid cause of action, you must be careful to ensure that you file your claim before the…
Car accidents can be an alarming ordeal. Especially, where there has been a fatality involved. Generally, when a vehicle has been physically involved in an accident, the driver can expect to have some liability. However, liability can also be involved where a driver requires a passenger to exit a vehicle,…
Louisiana worker’s compensation laws allow for injuries to only be charged at the usual cost for treatment. When a worker suffers an injury on the job the amount a hospital receives to pay for treatment may not always cover the cost of the treatment, but the hospital may not be…
If your hurt on the job your recourse will typically be through the workers compensation system. Once you are in that system you must play by the rules and follow all orders of the court. If you don’t your employer does have recourse to seek to limit your benefits. Such…
In 1997, Brandon Hirstius purchased a tract of land in St Tammany Parish. Nearly 14 years later, in 2011, Mr. Hirstius complained of an unauthorized utility pole on his property belonging to BellSouth Telecommunications, Inc. and filed a trespass lawsuit against the telecommunications company. In the midst of the June…
If you are fortunate enough not to sustain serious injury as a result of someone else’s negligent actions, you may not realize that the compensation for your injuries can be apportioned and spread to other liable parties. Further still, if you were partially responsible for causing your own injury, you…
Louisiana is a “Direct Action State” which means that an injured party has the option to sue an insurer for coverage under someone else’s policy. See La. Rev. Stat. 22:1269. Therefore it’s permissible in Louisiana to name the insurance company of the tortfeasor when filing a lawsuit. An example: John…
Arbitration agreements are becoming more and more prevalent in modern business dealings. In theory, arbitration provides a means to quickly, quietly, and fairly remedy disputes between parties, especially when the dispute pertains to a niche field or complex issue. However, as a developing legal remedy, arbitration can still create unexpected…
Love gone bad, broken promises and loans not written down come to a head in the following case in Jefferson Parish. In the case at hand, Mr. Palmisano and Ms. Nauman-Anderson had been romantically engaged for several months, during which time Mr. Palmisano allegedly credited Ms. Nauman-Anderson with nearly $26,000…