There are times when a Trial Court may issue partial judgments that are non-appealable. But this does not always mean the lawsuit is over. When this happens it is important to have an excellent attorney to navigate the complex procedural processes to allow a party to reach the stage where…
While there are many steps that can be taken to prevent road accidents, accidents still happen. When accidents occur, we are left to determine who is at fault. For many people, automobile insurance is the only lifeline to help them recover from the accident. However, to automobile insurers, the question…
What happens when a plaintiff is injured, and damages are denied? How can a plaintiff prove they suffered injuries from an accident? According to Louisiana law, a plaintiff must prove, by a preponderance of the evidence, that his or her damages were the result of an injury caused by the…
Caveat Emptor. This is a common consumer warning, more easily recognized in English as “Buyer Beware.” But what if a defective product wasn’t actually bought, but given away for free? Monroe resident Jason Falcon faced this issue. In April 2012, Falcon called several local tire stores looking for a new…
A party to a lawsuit may wish to appeal a court’s decision that they find unfavorable. But under Louisiana law, in most situations only final judgments can give the Court of Appeal jurisdiction to hear the case. In November of 2012, Jonathan Vince was the driver of a car in…
When you suspect a doctor has provided substandard care for a medical issue, it is important to immediately retain the services of a qualified medical malpractice attorney. Quick action is important because time is not on your side when considering a lawsuit. Here is but one example of how waiting…
When a loved one dies from an avoidable accident, a family’s options for recovery include a wrongful death lawsuit. For this claim to succeed, a family often needs to prove that someone had a duty to protect the decedent but acted negligently in causing this death. For wrongful death lawsuits…
Under Louisiana law, store owners can be held liable for damages if a customer is injured by an unsafe condition while visiting the premises. In November, 2011, Henry Moore, Jr. visited the Murphy Oil gas station and convenience store in Hammond, Louisiana. After making his purchases at the store’s counter,…
Qualified immunity is a concept that is designed to protect civil servants from lawsuits for their official actions. The “qualification” means that immunity does not operate for actions that are unlawful or that show extreme incompetence. Generally, under Louisiana law, law enforcement officers are entitled to immunity so long as…
The Louisiana Code of Civil Procedure provides that a court has wide discretion in granting a continuance (a postponement of the proceedings) in any case where appropriate. See La. C.C.P. art. 1601. But what constitutes appropriate grounds for a continuance? A court must take into account the specific facts of…