Trial courts can make mistakes. Some mistakes are permanent, so a redo is impossible. In other cases, the mistakes can be reversed on appeal by an appellate court. When an appellate court reverses a trial court’s decision, the trial court could have to revisit the entire case and put things…
Louisiana Personal Injury Lawyer Blog
Don’t Hesitate: Lawsuit Dismissed After Six Years For Failure to Prove Defendant Jointly Liable
Navigating a lawsuit is a difficult task. Not only do you have to prove the merits of the case, but you also have to navigate the judicial system’s complex procedural requirements. Even if your case seems likely to succeed on the merits, failure to comply with procedural requirements can leave…
Court Allows Lawsuit Against Casino Involving Fall on Escalator to Proceed
Property owners have a responsibility to maintain safe conditions on their premises. However, if you are injured on someone’s property, there are still numerous elements you must prove in order to prevail on any lawsuit you may file for injuries arising from an unsafe premises. Establishing these elements can be…
Hard Rock Hotel Partially Collapses in New Orleans
Around 9am on Saturday, October 12 the Hard Rock Hotel partially collapsed over Canal Street in New Orleans after the top six to eight floors buckled onto the structure. According to New Orleans Fire Department Superintendent Tim McConnel, the remaining structure of the building remains unstable and could possibly collapse…
Court Increases Damages Award in Wrongful Death and Survival Action Lawsuit
After a long and emotional lawsuit following the death of a loved one, the last thing you may want to do is to return to the courtroom. However, if you fail to appeal an award of inadequate damages, you could be leaving money on the table. Mr. Roark and his…
Costing Tenure: How the 2008 Recession Impacted a Northwestern State University Economics Professor
Opinions vary on the principles of trickle-down economics, but on December 15, 2015 the United States Court of Appeals for the Fifth Circuit issued an opinion which affirmed a lower court summary judgement decision for Northwestern State University to take down economics, along with one of its tenured professors. In…
Inmate Injured on Work Release in Chopin Denied Damages from Sheriff and Department of Corrections
When injuries happen at work, it is often challenging to determine who is liable for damages. The question of liability is especially tricky when prison inmates are injured in work release programs. Courts must grapple not only with the employer’s potential liability, but also with the potential liability of the…
Broussard Used Car Dealership Not Liable in Car Accident For Failing to Check Buyer’s License Prior to Purchase
Can a used car dealer be held liable in a car accident if they failed to check the car purchaser’s license and insurance? According to the Third Circuit Court of Appeal of Louisiana, the answer is no. Ms. Mire purchased a used vehicle from Blake’s Auto Sales in Broussard, Louisiana.…
Slip-and-fall Lawsuit Dismissed for Lack of Actual or Constructive Notice
When customers slip and fall at a store, they expect to be able to recover for their injuries. However, recovery can become complicated when multiple parties were involved in maintaining the premises, such as when the store outsources with another company to provide maintenance services at the store. Mr. Terry…
A Bad Fall at a Mardi Gras Ball in Kenner Causes Insurance Contract Dispute
A Mardi Gras Ball can be an exciting and fun event; however, when someone is injured, the mood turns from festive to fearful. If you were the one injured, from whom do you recover your damages? Can you even recover? If you are the organization, are you insured? Who will…