A recent decision by the United States Court of Appeals for the Fifth Circuit highlights the complexities and high standards involved in proving employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964. The case, Stroy v. Gibson, involved a Black physician employed by the…
Articles Posted in Legal Definitions
No Pain, No Gain? Understanding the Importance of Proving Injury in Louisiana Car Accident Cases
A recent Louisiana Court of Appeal decision, Cruz v. Creecy, underscores the critical importance of proving injuries in personal injury cases arising from car accidents. The case reminds us that even when fault is established, a plaintiff must still provide credible evidence of their injuries to secure damages. The case started…
Can You Sue Your Ex-Spouse for Abuse After Divorce in Louisiana?
In a recent Louisiana lawsuit, a woman’s attempt to sue her ex-husband for damages related to alleged domestic abuse during their marriage was initially blocked by the doctrine of res judicata. However, the Court of Appeal reversed that decision, shedding light on the limits of res judicata in cases involving…
Can a Public Employee be Fired for Off-Duty Gambling?
The Louisiana Court of Appeal recently reversed a decision of the Civil Service Commission (CSC) that upheld the termination of a public employee for gambling while off-duty. The case involving Carnell Collier, a Quality Assurance and Safety Inspector for the Sewerage and Water Board of New Orleans (S&WB), highlights the…
Coroner Not Liable for Burial of Foster Child’s Remains
A recent Louisiana Court of Appeal for the Fourth Circuit decision has highlighted the complex legal issues surrounding the handling of deceased individuals’ remains, particularly in the context of foster care. The case, involving the parents of a minor child who passed away while in foster care, underscores the challenges…
Granddaughters and Medical Malpractice in Louisiana: Who Can Initiate the Claim?
In the recent Louisiana Court of Appeal, Third Circuit, decision of Guffey v. Lexington House, the court delved into the complexities of prescription (the Louisiana equivalent of a statute of limitations) in medical malpractice cases. This ruling provides valuable insights into the interplay between the Louisiana Medical Malpractice Act (LMMA)…
A Car Crash, a Faulty Repair, and a Battle Over Damages
Patricia Spann’s life took a dramatic turn when she lost control of her Chevrolet Cobalt, resulting in a severe accident that left her with multiple fractures and a lengthy hospital stay. She believed the cause of the accident was a faulty power steering system, recently replaced by Gerry Lane Chevrolet…
Driver Not Liable for Passenger’s Injury in Accident Beyond His Control
Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation…
New Orleans Police Officer’s Termination from Traffic Accident Confrontation Upheld
To ensure public trust in law enforcement, local government officials have the power to regulate police officers’ conduct both on and off duty. There are certain lines that police officers should not cross, even in their private lives. The following case shows how the New Orleans Police Department (“NOPD”) can…
Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women
On-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your…