Everyone gets injured, but what happens when you are injured on the job and had been in an accident in the past? Does the court take that into consideration if you file a lawsuit, or does the court presume an accident was work-related? In one local case, the workers’ compensation…
Generally, terminating an employee on the basis of race is a violation of the Louisiana Employment Discrimination Law, which is similar to Title VII of the Civil Rights Act of 1964. La. R.S.23:301; 42 U.S.C.A. § 2000. Generally, to establish a case of racial discrimination under the Louisiana Employment Discrimination…
Medical malpractice lawsuits concern a wide range of different types of injuries and even death. This Louisiana case involved a claim brought by a woman who believed that the hospital and its staff acted negligently, causing her to suffer a compression fracture of the lumbar spine. Both the district court…
A 2016 case demonstrated the importance of making sure our universities remain safe and secure. While one would like to think our schools would be free from the dangers of larger society, Tulane learned the necessity of vigilance. While a student at Tulane University, the Plaintiff, Stephanie Boyd, shared a…
Often times during a lawsuit, cases involve a classic “battle of experts,” where each side presents an expert with an opinion which differs from their respective opponent’s side. The recent Jefferson Davis Parish case involved this exact situation. Hayes Fund for the First United Methodist Church of Welsh, L.L.C. and…
Can a court reinstate a former city employee’s job after being wrongly terminated? Well, fortunately for Mr. Turner, the answer is yes. In 2003, Ron Turner began work as the Director of Public Works for the City of Opelousas. Eight years later, the Board of Alderman had a meeting, and…
Injuries arise in many unexpected ways and locations, even from a trip to the local grocery store. Sometimes this occurs due to a patron’s own clumsiness. Regardless, a grocery store may still be responsible for injuries if the store was negligent, or did not take reasonable actions to fix a…
When an employee is injured on the job, workers’ compensation insurance often delivers more expediently than going through the courts. Unfortunately for the employee, it is also often less money than an injured employee could be awarded by suing the employer. As a Baton Rouge man recently learned, your type…
In order to successfully handle a lawsuit addressing the duty a business has to its patrons, an injured party should know that under Louisiana’s duty-risk analysis the main questions are: (1) whether a duty was owed; (2) whether that duty was breached; and (3) whether the breach caused the patron’s…
The “burden of proof” may be a familiar concept to everyone, even those inexperienced with the courts. The idea is that the party in a lawsuit holding the “burden of proof” is tasked with providing evidence that reaches the level of proof required to meet the burden. In car accidents,…