Everyone knows that evidence is an essential part of winning any lawsuit. However, how do you go about finding relevant evidence? If you are involved in a lawsuit, you are entitled to discovery to obtain information pertinent to your claims and help defend yourself. However, discovery is not limitless. Instead,…
Articles Posted in Legal Definitions
Importance of Timely Filing: A Case Study on False Arrest and False Imprisonment Claims
Filing a claim in court requires careful consideration of the appropriate time frame, as it can significantly impact the success of a lawsuit. This is particularly crucial when dealing with actions such as false arrest and false imprisonment, where prescription periods play a significant role. In a noteworthy case involving…
Shielding Retaliation: Exploring Title VII Protection and Causal Links in Employment Lawsuits
Bringing a lawsuit against one’s employer can be a daunting prospect, particularly when fears of retaliation loom large. However, it is essential to recognize that federal law offers safeguards to employees who pursue legal action under Title VII, including cases involving claims of sexual harassment. By delving into the provisions…
Tutorship: How Your Child Can Be Protected by the Court.
Divorce, though unpleasant in the short term, allows families to rearrange their relationship to better serve the interests of all parties. One primary consideration in any divorce is the children. The children’s health, safety, and well-being becomes a key concern for both the families and the courts when a family…
The Importance of a Complete Record at Trial: Lessons from a Car Accident Case
All relevant evidence in a case should be produced at trial. However, the evidence included in a complete record can be subjective. Thus, the parties to a lawsuit should rely on the court’s definition of what a complete medical record consists of. Christina Dauzat (Dauzat) was involved in a car…
Law Firm Not Liable in Legal Malpractice Lawsuit Despite Conflict of Interest
In some cases, mistakes in following procedure can harm a plaintiff’s cause of action even if the case otherwise may be successful on the merits. For example, legal malpractice cases in Louisiana must be filed within one year from when the plaintiff knew or should have known that malpractice had…
Appealing a Court Judgment in Louisiana: Why Decretal Language Matters
When you receive a final judgment from the trial court, you focus on the case’s outcome. However, if you want to appeal that judgment, it is essential to understand what language is needed in the final judgment to appeal it. If this language is not included, you might be in…
Louisiana Court Settles Insurance Contract Dispute Following Deadly Explosion
Insurance claims can be tricky, especially when multiple parties and contracts are involved. What happens, for example, when one insurance company claims they are not responsible for payment after a catastrophic event resulting in lost lives? The following Terrebonne Parish case follows this exact scenario. An explosion at the Transco…
Louisiana Court Bars Recovery for NOPD Officer Who Tested Positive for Morphine on the Job
Random drug testing is common practice for certain jobs. What remedy does a police officer have when he takes a morphine pill for pain and is randomly selected for a drug test the following day when he comes into work? Officer Mario Cole was randomly chosen to undergo a standard…
HOW DOES A COURT DECIDE HOW MUCH FAULT A DRIVER HAS WHEN BOTH SIDES CAUSED AN ACCIDENT
Simple driving accidents happen every day due to lapses in inattention. The results of these lapses can have devastating consequences. Whose is at fault in an accident when both parties were less than perfect in assessments of dangers on the road? The subsequent lawsuit from Louisiana shows how a court…