Language is key when it comes to the law. A court cannot give a plaintiff what he or she asks for if the request is vague. In a similar vein, a judgment’s lack of certain magic words can render it defective. Words have precise meanings in order to be given…
Louisiana Personal Injury Lawyer Blog
Three Mexican States Ask U.S. Courts to Resolve Issues from 2010 BP Oil Spill
The United States judiciary is often called upon to decide upon large-scale international disputes. From the trials of foreign government officials for human rights violations to the trials of multinational corporations for environmental damage the world over, U.S. courts play a critical role in international dispute settlement. In a recent…
Gretna Woman’s Excessive Force Lawsuit Against Gretna Police Fails For Lack of Evidence
Excessive police force has become a nightly topic in the American news cycle. Ranging from discrimination to life-and-death situations, no one wants to be on the receiving end of mistreatment. In a recent case, a Louisiana woman experienced what she felt was excessive force by law enforcement officers in her…
Nursing Home Mistreatment Case in Caddo Parish Not Covered by Medical Malpractice Act
Nursing homes have become an integral part of our society due to America’s aging population. Families need nursing homes to help them care for elderly parents and relatives, disabled individuals, and other people requiring increased care. Most nursing homes treat their residents with industry-standard care; but what if you discovered…
Louisiana Court Discusses Evidentiary Issues in Case Against Louisiana Department of Transportation and Development
In recent years, many have reported on America’s crumbling infrastructure. Reports show roads, bridges, and dams in disrepair, and raise significant questions about whether governments are applying appropriate modern standards when it comes to our infrastructure. In a recent case, the plaintiffs alleged that the Louisiana Department of Transportation and…
Summary Judgment Order Leaves Injured Louisiana Driver Without Uninsured Motorist Coverage
In Louisiana, uninsured motorist coverage is mandatory. It seeks to protect drivers from motorists with no or insufficient liability coverage to pay for the damage they cause in accidents. In Louisiana, uninsured motorist coverage guarantees that anyone who purchases insurance on their car will automatically benefit from uninsured motorist coverage…
Under Louisiana New Home Warranty Act, Builder Must Repair Drainage Issue Even After Closing.
Normally, people pay extra for waterfront property but prefer for their yard to be on a lake front, have an ocean view, or even have a pond on the property. Most would not consider having a home built on an improperly graded yard that fills up with water every time…
Lawsuit Against Louisiana Department Wildlife and Fisheries “Barred” and “Not Ripe”
When a plaintiff files a lawsuit, he or she must make sure that the filing is done in the right court at the right time. The court hearing the dispute must have the power to adjudicate and resolve those claims. Sometimes, certain legal doctrine can bar a court from hearing…
Court of Appeal Considers Dance Ballroom to Be a “Merchant” Under Liability Statute
The Louisiana Merchant Liability Statute aims to protect persons from unreasonable risks of harm by unscrupulous merchants. At the same time, it limits the liability of merchants and protects them from frivolous lawsuits. In order to succeed on a merchant liability claim, the plaintiff must show that the merchant knew…
Delay in Appeal Costs Grieving Wife an Opportunity for Recovery in Louisiana
In Louisiana, the law benefits those who take timely action in pursuit of their claims or defense. It can also punish the untimely. In a very unfortunate case, the Plaintiff, a grieving widow, missed an opportunity to overturn an adverse trial court decision. In the case, the Fourth Circuit Court…