Lawyers owe a fiduciary duty to their clients, corporate directors owe a fiduciary duty to the corporation’s shareholders, and trustees owe a fiduciary duty to the beneficiaries of a trust. So, what is a fiduciary duty? Simply put, it’s a duty of the “fiduciary” (i.e., lawyers, corporate directors, trustees, etc.)…
Louisiana Personal Injury Lawyer Blog
Louisiana Legal Malpractice Case Examines Res Judicata and Peremption Exceptions
If you believe you have been misrepresented by an attorney, or that your legal counsel in any way acted wrongfully or neglected your legal needs, you may have a cause of action for legal malpractice. However, the time limit for when you may bring such an action to court is…
High Pressure New Orleans Time Share Sales Lead Buyers to Attempt Joinder Action
Be careful what your getting into when you attend a timeshare presentation. While you may get a “free” vacation for sitting through the sales pitch, you could be getting into more trouble then it is worth. This was the case for over one hundred purchasers of timeshares who bought from…
New Orleans Essence Festival Production Company Appeals Court’s Denial of Coverage Decision
Putting on a festival at the New Orleans Superdome is a lot of work. One vital part of that work is to confirm that the insurance policy actually covers the activities and location of the festival. Festival Productions, Inc. – New Orleans (“FPINO”) learned this lesson the costly and hard…
Inconsistent Testimony Leads to Lost Lawsuit in New Orleans Case
Credibility is an important factor that the court requires in a witness to determine truthfulness in their testimony. If the court does not believe a plaintiff or a defendant he could lose his case. In this case, the plaintiff, lacked credibility due to inconsistencies in his testimony about his pre-existing…
Can an Insurance Policy still be in Effect in Louisiana if the Insured Does not Pay the Premium?
Insurance policies can still be intact even if the insured fails to pay if the insurance company fails to follow the proper protocol in informing the insured that he or she no longer has coverage. State Farm found themselves liable for coverage in just a situation. Thomas Sapp was insured…
Beauregard Parish Medical Malpractice Lawsuit Fails for Lack of Expert Testimony
Medical malpractice generally involves subpar medical treatment that causes injury or death. The plaintiff, either the injured person or that person’s family, would need to show the court that the healthcare provider was negligent while administering the medical treatment. On the other hand, the healthcare provider as the defendant may…
Pineville, Louisiana, Car Accident Leaves Insurance Company Battle in its Wake
Anytime you get in a car can be a life and death situation. While no one ever wants to think about the worst, what will your insurance cover if the worst does happen. Your policy may not only need to cover you and those injured, it could need to cover…
“A Matter Adjudged”: Court Discusses How Res Judicata Prevents Parties From Relitigating Issues
Our court system includes rules that aim to promote court efficiency. Some of the rules may sound intimidating, but having a good attorney, one who is able to build a strong strategy and with strong knowledge of the rules, makes the necessary difference. One such rule is called res judicata…
Louisiana Man’s Injury Claims Fail to Pay Because of Failure to Act in Time
Failing to seek timely legal advice could not only keep you out of the back of a police car, but could also help ensure you are able to get the compensation you deserve for your injuries. When one man from Lake Charles, Louisiana was injured during an arrest he made…