Articles Posted in Miscellaneous

When terminating employment in Louisiana, it is crucial to understand the laws governing the timely payment of owed wages. However, a question arises when an employee fails to explicitly state “discharged” or “resigned” in their petition. Kevion Dillon found herself in such a situation after experiencing harassment and discrimination that led her to resign from her position. Despite not using specific terminology, she sought to receive her final wages within the 15 days mandated by Louisiana law. This case sheds light on the importance of legal guidance to navigate the complexities of claiming unpaid wages and exercising one’s rights when facing employment challenges.

Kevin Dillon worked at Babies R US, which Toys R Us owned. After she resigned due to the alleged harassment and discrimination she suffered from, Dillon filed a lawsuit under the Louisiana Employment Discrimination Law, La. R.S. 23:301. She also brought other claims against Toys R Us, including alleging Toys R Us had violated La. R.S. 23:631 and 632, the Louisiana Wage Payment Act, by not timely paying her final wages within the 15 days required under the statute. 

Dillon then filed a Rule to Show Cause related to her Louisiana Wage Payment Act claims. In response, Toys R US filed an exception of no cause of action, which the trial court granted and dismissed Dillon’s wage claims. The trial court explained there was no legal remedy available to Dillon because she did not use the words “discharged” or “resigned” in her petition. Dillon then appealed, arguing her petition properly asserted a cause of action under the Louisiana Wage Payment Act. 

The diverse range of viewpoints expressed at city council meetings often evokes mixed reactions from attendees. While some voices may test our patience, it is crucial to recognize that the First Amendment safeguards individuals’ freedom of speech during such gatherings. A case involving Tom Heaney’s experience at a Jefferson Parish city council meeting in Gretna, Louisiana, sheds light on the constitutional rights protected in these limited public forums. The subsequent legal proceedings provide valuable insights into the requirements for successfully pursuing a First Amendment claim related to alleged silencing in such settings.

Tom Heaney registered to speak at a Jefferson Parish city council meeting in Gretna, Louisiana. The city council rules allowed registered individuals to speak for five minutes. After Heaney had spoken for approximately three minutes, the presiding official, Christopher Roberts, interrupted him and asked him if he would yield to the Jefferson Parish attorney. Heaney thought he would get the remaining two minutes back after the attorney spoke because that happened with the prior speaker who yielded. However, after a heated back-and-forth between Heaney and Roberts, Roberts asked for Heaney to be removed. 

A police officer, Ronald Black, responded to the request to remove Heaney. Heaney then filed a lawsuit, claiming that Roberts and Black had violated his constitutional rights, including the First Amendment, and that Black had also committed various torts. The defendants filed motions for summary judgment. The trial court denied Roberts’ summary judgment motions concerning the First Amendment claim but granted Black’s motion on the First Amendment claim. Comparing these two outcomes provides insight into the requirements to succeed on a First Amendment claim involving purported silencing in a limited public forum.

Have you ever wondered what happens when things go wrong on a construction project? A recent case out of Louisiana sheds light on the complicated legal battles that can ensue when construction defects are discovered. The case highlights the importance of understanding your legal rights and options when dealing with construction disputes and the need for skilled legal representation to navigate the complex world of construction law.

The owner of multiple oyster leases, Wade White, filed a lawsuit against Cox Operating, LLC, seeking damages for the harm caused to his oyster beds during Cox’s drilling of oil wells. In 2000, Cox entered into an agreement with White when it began drilling wells near some of his oyster leases. Cox negotiated another drilling release with White in 2012 when it sought to drill more wells near his leases. However, White discovered that Cox had driven pilings into his oyster leases and was using routes that differed from the agreed-upon routes. As a result, Cox removed the pilings and continued to follow the previous routes. Cox later claimed the executed drilling releases covered any damages caused by the pilings and extra water traffic.

White then filed a lawsuit against Cox due to the pilings, and Cox filed an exception of res judicata, arguing the written releases barred the plaintiff’s suit. If someone wants to use the res judicata defense in a lawsuit, they need to prove it is true using evidence that shows it’s more likely than not true. Then, at the trial, they can bring in more evidence to support their argument as long as the reasons for using that evidence were already brought up before the trial.

The old Disney adage from the original Bambi movie, “If you don’t have anything nice to say, don’t say anything at all,” is probably wise life advice. Still, when it comes to legal advice, any good attorney will tell you, “if you can’t establish the falsity of the claims said about you, then you likely don’t have a defamation claim.” Nevertheless, after some not-so-nice comments appeared in a local newspaper article detailing a Louisiana attorney’s alleged outburst outside a courtroom, he sued for defamation. Still, the courts were ultimately unconvinced by his arguments.

Attorney Martin Regan (“Regan”) represented St. Bernard Parish President David Peralta (“Peralta”) in a case involving multiple criminal indictments, including perjury and filing false records related to using campaign funds for his personal gambling. A grand jury found Peralta guilty on those charges brought by the District Attorney’s Office with the help of Assistant Attorney Generals David Caldwell (“Caldwell”) and Molly Lancaster (“Lancaster”). At some point during or after the proceedings, Regan confronted Lancaster about an issue in the case. According to Caldwell, the conversation between the attorneys escalated to Regan threatening Lancaster and swearing at her. 

Caldwell shared his version of the events he witnessed with the New Orleans Advocate, which published his account in a newspaper article. In part, Caldwell was quoted stating that Regan was “threatening his female assistant,” “dropping F-bombs on her,” and thought that if he had gotten close enough to Regan, “he might have taken a swing at [Caldwell].” The newspaper also reached out to Regan for his comments, who, after calling Caldwell a “liar,” continued to state that he “didn’t lose his cool” and “never swore at anybody.” After that, Regan filed a lawsuit against Caldwell, the State Attorney General, and the Office of the Attorney General, seeking damages for defamation. 

Knowing and adhering to the Rules of Civil Procedure in bringing a lawsuit cannot be understated in its importance. Before a lawsuit makes it to court, various steps and procedures must be followed for the case to proceed. Chief among these pre-trial requirements is establishing that the court has the power to decide the present case, otherwise known as the court’s jurisdiction over the case. If a court lacks judicial control over a party to the case or the subject matter involved, the case should not proceed, and the court cannot hand down a valid, binding judgment.

In a lawsuit alleging sexual harassment, assault, mental and physical abuse, perjury, and character defamation, Tyniski Evans represented herself against Dillard University (Dillard). Dillard responded to Evans’s complaint by moving for dismissal for lack of federal subject matter jurisdiction and failure to state a claim upon which the court may grant relief. See Fed.Civ. P. 12(b)(1), (6). The district court granted Dillard’s motion to dismiss for lack of subject matter jurisdiction and dismissed without prejudice, permitting Evans to bring the case again. 

Evans appealed this dismissal, arguing the court had federal subject matter jurisdiction due to Evans receiving financial aid from the Department of Education. The appellate court affirmed the dismissal by the district court, finding that Evans’s complaint did not sufficiently show that the federal court had the power to adjudicate her lawsuit. 

Some mistakes can cost you your job. Rules and regulations are drafted and enacted in the medical field to ensure a safe work environment. Before breaking a rule to get your job done, consider the danger in which you could place yourself or your interests. The following lawsuit from Slidell shows how unemployment benefits can be taken away due to employee misconduct. 

Rita Jimenez was a supervisor of phlebotomy for the Slidell Memorial Hospital. Her boss tasked Jimenez to handle scheduling for her area. Jimenez created a schedule that included several employees that lacked the required CPR certification; their certifications had expired, or they needed more training. Jimenez was caught and warned about this scheduling. The problem is that Jimenez could not short-staff her area, but there needed to be more certified employees. She scheduled more uncertified workers; she was fired after her third scheduling error. 

Jimenez sought a judgment certifying her right to unemployment benefits. Her workplace administrative review board (Board of Review) found that she was rightly denied unemployment because she was fired for misconduct. Jimenez appealed that ruling to the district court, which affirmed the Board’s decision. Jimenez then appealed that district court decision to Louisiana’s First Circuit Court of Appeals. In the appeal, Jimenez argued even though she was responsible for scheduling employees, her boss was ultimately responsible for terminating employees who lacked the requisite certifications. Therefore Jimenez argued there was no misconduct in her actions.