When a person feels wronged, they tend to turn to the judicial system in hopes to find a solution. An important part of making sure an appropriate solution is reached, is that both parties have a chance to plead their case. In a matter involving the sale of a painting,…
Louisiana Personal Injury Lawyer Blog
Failure to Prove “Constructive Knowledge” Leads to Dismissal of Mandevile Plaintiffs Lawsuit Claiming He Fell in Hole
Sometimes what you do – or fail to do – before filing a lawsuit, can have a big impact on the final result, as Ross Lynch of Mandeville, Louisiana recently learned. Lynch owns property on Girard Street in Mandeville. Two of his neighbors own a lot directly adjacent to his…
Louisiana Legal Malpractice Case shows how Court’s deal with Attorney’s Failure to Timely File a Lawsuit on Behalf of Client
The Court of Appeals in the Second Circuit of Louisiana recently took on a “case within a case.” This phrase is used in situations of legal malpractice against an attorney’s actions. For years a standard was set for these trials that required the client of the malpracticing attorney to prove…
New Orleans Breach of Contract Between Subcontractors Centers on Contract Payment Provision “Pay if Paid” or “Pay when Paid”
Construction contracts can be confusing because contractors often use many subcontractors to carry out the terms of the contract. This is why when a dispute arises those involved in construction contracts need the best lawyer possible to untangle contractual provisions especially in the context of payment to subcontractors. The Dryades…
Jefferson, Louisiana- Fifth Circuit Reverses Special Motion to Strike Overruling Trial Court Statutory Interpretation
When the law is clear and unambiguous and its application does not lead to absurd consequences, then the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. If however there are multiple interpretations to a statute, the court…
Court Fails to Use Proper Procedure to Disqualify Medical Expert Witness, Case Proceeds for Widow in Jefferson Parish
Medical malpractice lawsuits can be extremely tough cases involving complex areas of medicine. The best lawyers involved in medical malpractice lawsuits know that great experts are necessary to help prove their case. The following lawsuit out of Jefferson Parish shows how a medical malpractice case can be effected if the right experts…
Playground Injury at Jefferson Parish Baptist Church Aftercare Program Leads to Lawsuit
Playgrounds bring great joy to young children. Countless hours are spent sliding down slides, swinging on swings and traversing monkey bars throughout the state of Louisiana. While it might come as news to some, playground equipment has certain set standards for what age range is appropriate to play on the…
Louisiana Court of Appeal finds buyer breached contract by not precisely adhering to contractual terms when he agreed to buy real estate before inspecting its flood elevation
Disputes between parties over a contract happen in the real world. Even large sophisticated companies with legal departments and retained law firms have difficulty making air tight contracts that flow smoothly and are dispute free. A company named 1100 South Jefferson Davis Parkway, LLC (South) was selling a property in…
Court of Appeal upholds eviction in Chalmette, Louisiana in an unclear rent-to-own contract
To many the ownership of a home is a major part of the American dream. Many who have bought a home in the past have been enticed by the possibility of turning basic rent payments into eventual ownership of a home. If you do enter into this type of agreement…
Ochsner Clinic Foundation Louisiana Medical Malpractice Lawsuit Exhibits the Need for Effective Expert Testimony
Medical malpractice lawsuits are known to be some of the most complicated, technical cases for injured parties. The average person does not have enough technical knowledge to infer negligence from a medical act or result. Because of this, many plaintiffs have to rely on expert testimony to explain nuanced details…