Although there is a common saying, “good things come to those who wait,” that is not true in the context of filing lawsuits, especially if they involve establishing paternity after your purported father passed away. Louisiana law has strict requirements that establish the time by which you must file a…
Articles Posted in Legal Definitions
Police Officer’s Due Process Not Violated In Termination Due To Multiple Infractions
Being a classified civil servant provides certain protections, including the right to due process before termination. The following case revolves around a police officer who claimed his due process rights were violated when he was terminated following multiple infractions. It highlights the importance of adequate notice and an opportunity to…
The Role of Expert Witnesses in Accident Claims: Resolving Conflicting Testimony
If you have been involved in a motorcycle or car accident, you might not know how an expert witness could help support your claim in court. What happens if there is conflicting testimony from each party’s expert witness about the cause of the accident? Robert Murphy was driving his motorcycle…
Understanding Open and Obvious Defects: Implications for Personal Injury Claims
When it comes to personal injury claims resulting from slips, trips, or falls, the concept of open and obvious defects plays a significant role. Failing to act reasonably or being harmed by an apparent defect may hinder your ability to recover compensation for your injuries. This case exemplifies the importance…
Resolving Family Business Disputes: Navigating Complexities and Seeking Resolution
Family businesses can present challenging legal issues. Although you might feel like you can trust your family members to do the right thing, this is not always true, especially when large sums of money are involved. This case illustrates the complexities that resulted from agreements related to ownership of a…
No Legal Malpractice Where Underlying Medical Malpractice Claim Was Meritless
When considering a legal malpractice claim, it is crucial to understand that proving your attorneys’ negligence alone is insufficient. To establish the merit of such a claim, you must demonstrate an underlying loss resulting from their negligence. This requires presenting compelling evidence that your original claim would have been successful…
Summary Judgment for Malicious Prosecution Improper Without Adequate Discovery
Sufficient evidence is required to prevail in any lawsuit. Generally, each side obtains additional evidence through the discovery process. However, what happens if a court grants a summary judgment motion for one party before the other party has time to complete adequate discovery? The following case helps answer this question.…
Can A Louisiana Court Disregard A Special Master’s Report?
One tool courts can use to manage litigation is a Special Master. A Special Master issues reports that a court can consider when ruling on a case. However, what happens if a court disregards the recommendations in a Special Master’s report? This situation raises intriguing questions about the authority…
Lost in Translation: A Quarter-Million-Dollar Contract Mistake Exposes Shared Responsibility
Imagine, for a moment, you’re organizing a large-scale event with a long checklist of details to manage. Now imagine missing one tiny detail and having it cost you a whopping quarter-million dollars! That’s precisely the scenario that unfolded for Star Financial Services, Inc., a prominent ATM operator, in their dealings…
A Slippery Case: How a Lease Agreement Swayed a Personal Injury Lawsuit Against a Medical Facility
Imagine attending a routine medical appointment at your local doctor’s office. You enter the premises expecting a standard check-up, but unexpectedly, you trip over a defective threshold and fall onto a hard terrazzo floor. This unsettling scenario is precisely what Lois J. Tate encountered in their accident, sparking a personal…