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.…
Insurance Dispute Lawyer Blog
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…
City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane
Hurricanes can result in significant property damage, including flooding with contaminated water. When faced with such a situation, homeowners may wonder if they have a viable lawsuit against the responsible parties, such as the company responsible for the contaminants or the city involved in managing the wastewater system. The following…
Unclaimed Vacation: Resigning from Your Job with Unused Day
We all cherish the idea of collecting vacation days, envisioning the blissful trips we’ll take in the future. But what if you find yourself resigning from your job with a surplus of accrued vacation days that you haven’t had the chance to use? David Bodenheimer had worked for Carrollton Pest…
Pre-Trial Notice Did Not Waive Party’s Right to Jury Trial
If you are involved with a lawsuit, you probably imagine your day in court involving a jury listening to the evidence and rendering a decision. After all, the US Constitution protects our right to a trial by jury. But what happens if the court issues a notice scheduling your trial…
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…
Legal Boundaries and the Scope of Employment: Vicarious Liability Challenges in Car Wreck Cases
In the aftermath of a vehicle collision, the impact reverberates beyond the immediate parties involved, leaving a trail of injuries and legal complexities. Such was the case for Cody Johnson, a passenger on an RTA bus when it collided with another vehicle. Seeking full compensation for her damages, she…
Hurricane Katrina Victim Finds Favor in the Louisiana Courts
Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005. Ms. Taylor had been in the care of Touro Infirmary when Hurricane…