It is no secret that lawsuits are expensive creatures. It is perhaps baffling then that a party would retain an attorney, file a lawsuit, and maintain that lawsuit for over thirteen years without sufficiently actively pursuing that lawsuit. Yet, that is exactly what happened in a recent case out of…
Louisiana Personal Injury Lawyer Blog
Work-Product Privilege Available Only to Parties to the Lawsuit in Recent Case Out of De Soto Parish
During litigation, a party may attempt to claim some form of privilege as an avenue not to produce certain evidence. There are various types of privileges that may be asserted. One that is familiar to many is attorney-client privilege. One that is not as familiar is work-product privilege. Work-product privilege…
Louisiana Employment Discrimination Case Fails Due to Lack of Evidence
Unfair treatment at work can, unfortunately, be a common occurrence. While always annoying, the treatment can sometimes rise to such an egregious level that an employee feels justified in filing a lawsuit against the employer; especially if the aggrieved employee feels that there are racially motivated variances in treatment. As…
St. Landry Parish Man Awarded Workers’ Compensation Benefits for Injury Despite Performing Task Incorrectly
Workers’ compensation pays for an employee’s medical expenses and lost wages when an employee is injured on the job. But what happens when an employee is injured while performing his or her job in a manner not approved of by the employer? Recently, a Court of Appeal for the State…
Lafayette Parish Man’s Attempt to Remove Vocational Rehabilitation Counselor Fails
Under Louisiana law, an employee who is injured while on the job is entitled to “vocational rehabilitation services” (services that help an individual overcome his or her own physical or mental disability in order for that individual to return to work) provided by a vocational rehabilitation counselor. La. R.S. 23:1226…
Man Ordered to Pay Restitution for Workers’ Compensation Benefits After Misrepresenting Previous Back Injuries
Be it alleged abuses in the welfare system or lying on their tax return, individuals abusing the system has been a hot button issue for the past couple of years. But what happens when someone gets caught? How does the law handle the people who abuse the system? Recently, a…
Lack of Clarity as to the Law Entitles Officers to Qualified Immunity in Louisiana Lawsuit
We all know that each U.S. citizen is entitled to certain rights contained within the Constitution. For example, the right to bear arms, the right to free speech, and the right to practice any form of religion. But what about rights that were not explicitly stated within the Constitution, like…
Case in Jefferson Parish Deemed “Abandoned” After Three Years of No Activity
A good lawyer must be on top of his or her case. Not only must a lawyer know the facts of the case and the applicable law, but the lawyer must also meet certain deadlines and procedure requirements by the court. While little activity on a case might mean it…
Read the Fine Print, Louisiana Court Finds Company Falls With Subrogation Waiver
One of the least know parts of a personal injury suit occurs after trial or settlement. It’s called subrogation. Subrogation is the reimbursement of third parties for payments made relating to an accident. Many times, a subrogation claim is made by the injured’s own vehicle insurance provider or by the…
Louisiana Court Finds Commercial Liability Insurer Owed No Duty to Defend
Inherent in most insurance contracts is an insurer’s duty to defend its insured against certain lawsuits. Part of this duty requires the insurer to pay for all legal costs and other fees related to a particular lawsuit. In a commercial general liability (“CGL”) context, business owners often rely on an…