In a recent ruling highlighting the importance of responding to legal actions, the Louisiana Court of Appeal, Fourth Circuit, sided with Xavier University of Louisiana in a case involving unpaid student debt. The court reversed a lower court’s decision, granting Xavier University a preliminary default judgment against a former student,…
Articles Posted in Unfair Business Practices
Employee Termination Upheld for Unauthorized Vehicle Use and Dishonesty
Leotis Johnson, an employee of the Sewerage and Water Board of New Orleans (S&WB), was assigned a company vehicle equipped with a GPS. S&WB policy prohibited personal use of company vehicles without supervisor authorization. Johnson was accused of using the vehicle for personal errands during work hours and lying about…
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…
Discharged Firefighter Entitled to Penalties and Fees for Unpaid Wages
If you’ve ever left a job in the middle of a pay period, you might have had to wait to receive your final check. But what if you were fired, reinstated, fired, reinstated, and fired again? Payment of wages gets a bit more confusing. In Alexandria, a firefighter named Kendall…
Can An Undocumented Worker Receive Workers’ Compensation Benefits?
Navigating receiving workers’ compensation benefits following an on-the-job injury can be difficult. It is even more difficult when you are an undocumented worker. Unfortunately, that is the situation Candido Perdomo, an undocumented worker, found himself in after he was injured when he was pinned underneath a garbage truck when a…
FMLA Retaliation and Title VII Hostile Work Environment Claims Fail on Lack of Evidence
Some consider the workplace as their second home. It is a place where one can thrive intellectually and network simultaneously. However, when a workplace becomes hostile or sexually charged, it can make an employee’s life unbearable. Therefore, to bring a successful claim against FMLA and a hostile workplace, a plaintiff…
Why It’s Important to Dot your I’s and Cross Your T’s When Filing a Default Judgment
A considerably large percentage of the United States population holds student loan debt. In addition, most individuals who attend higher education institutions in today’s society graduate with some debt. Phillip Kuzma knows this too well. Kuzma was sued by the National Collegiate Student Loan Trust (NCSL) for over $30,000 after…
Louisiana Employment Discrimination Case Fails Due to Summary Judgment
People may be fired for a variety of reasons. Often a dismissed employee feels the termination was unjust or racially based. Bringing a lawsuit under Title VII of the Civil Rights Act of 1964 is difficult. A plaintiff must present evidence for a prima facie case of discrimination to survive…
Canton Woman’s Lawsuit Dismissed For Failure to Disclose Claim In Bankruptcy Proceeding
It is always difficult when you lose a job. But it can be even more difficult if you feel you were unfairly fired. If you find yourself in this situation, consider what legal options are available. This is the situation Christine Simpson found herself in after being fired from her…
Unfair Trade Practices in Louisiana and Home Foreclosure
Like many states, Louisiana has an unfair trade practices act. In Louisiana, it is known as the Louisiana Unfair Trade Practices and Consumer Protection Law. Just as the name implies, this law is meant to protect consumers from the unfair, misleading, or fraudulent acts of those provide services, goods, and…