After a hard fought jury trial, an appeal can be expected. But, what cannot be anticipated is a transcribing error by the court that renders the judgment as invalid and makes any appeal impossible. Excellent attorneys can catch errors by other parties and avoid multiple extra steps before a lawsuit…
Louisiana Personal Injury Lawyer Blog
Unreliable Medical Expert Methodology Equals No Case Under Daubert in Chalmette Refinery Case
The five factor Daubert test is used in federal courts to determine if the methodology used by medical and other experts is reliable. The five factors that may be considered under the Daubert standard to determine whether the methodology is valid are: (1) whether the theory or technique in question…
How Does Inaccurate Jury Instructions Impact Louisiana Liability Cases?
The jury trial is an infamously complicated process. From the trials of OJ Simpson to Paul Manafort, the jury’s role is to determine the truth behind the legal jargon, and to serve and protect justice. Juries rely on the information presented to them by experienced lawyers and judges to navigate…
When May a Police Car Run a Red Light in Louisiana?
High speed police chases are sometimes dangerous, even for those not involved. The Louisiana Emergency Vehicles Statute essentially excuses emergency vehicle drivers, such as police vehicles, from obeying certain traffic laws while responding to a call or pursuing a suspect. This applies unless the emergency response driver endangers life or…
How Does a Court Interpret the Terms of a Settlement Agreement?
If you and the opposing party in your lawsuit reach a settlement agreement, it might seem like your legal battle is over. However, trouble can arise if the other party does not do what they promised to do. This is the situation Cheri Gardner found herself in following a car…
What are Legitimate, Nondiscriminatory Reasons for Hiring Decisions in a Gender Discrimination Lawsuit?
Employment discrimination can take many forms. One common form is gender discrimination. However, an employer may be able to avoid liability if they can provide legitimate and nondiscriminatory reasons why they decided to hire someone else that are not based on the candidate’s gender. Tensas Parish School Board (“TPSB”) needed…
Recovering Damages Against Louisiana’s DOTD for Unsafe Infrastructure
The Louisiana Department of Transportation and Development (“DOTD”) has a duty to maintain safe and accessible transportation infrastructure for the state. One might think that because the DOTD is such a large entity, no damages could be recovered from an accident due to unsafe conditions on transportation infrastructure. However, it…
How Do You Determine Who Is At Fault in Louisiana Car Accident Cases?
Determining who is at fault in an accident is difficult, as everyone wants somebody to blame. Sometimes, the answer is not so crystal clear. Often, more than one person is to blame. When a court has to determine and assign fault to multiple parties in a car accident, it is…
What Happens When A Car Accident Aggravates a Pre-Existing Injury?
Sometimes, car accidents happen. Someone speeds, gets distracted, or makes a mistake that causes an accident. Crashes can be unexpected. No one gets to decide what time of day it happens, where it happens, or who gets injured. Instead, you have to take the whole situation as it is. Jay…
Insurance Company Not Responsible for Pedestrian Hit by Motor Vehicle in Lafayette Area
Every adult has had to deal with some type of insurance in their life, whether it be home, auto, or life insurance. When it comes to car insurances, there are numerous different types of policies, and, in some situations, automobiles are covered by personal umbrella policies. Similar to any other…