Insurance Dispute Lawyer Blog
Experiencing termination from your job is a difficult situation, especially when it feels unjust. Scott Poiencot faced this unfortunate circumstance when he was terminated from his position as a police officer in the Lafayette Police Department, where he had served for several years. As a civil service employee, Louisiana law provided a specific procedure for appealing his termination. This case sheds light on employees’ challenges in challenging an unfair termination. In addition, it emphasizes the importance of seeking legal guidance to understand their rights and navigate the appeals process.
Before his termination, Scott Poiencot had been involved in three different Internal Affairs investigations. The first investigation (AD2012-007) involved a confidential document being removed from a police file and eventually released to the media. It was discovered that a Lieutenant in the police department had removed the document initially and whited out some information before providing it to Poeincot. The second investigation (AD2012-010) involved Poiencot secretly recording a phone conversation involving a Major in the police department. Poiencot eventually admitted to downloading the conversation, which was released to the media. The third investigation (AD2012-012) involved Poiencot’s refusal to submit to a polygraph as part of the first investigation related to releasing a confidential document. His termination letter referenced all three prior investigations with which he was involved.
After his termination, Poiencot appealed to the Lafayette Municipal Fire & Police Civil Service Board (the “Board”). The Board voted 5-0 to uphold his termination, finding it was made for cause and in good faith. The Board then issued a final judgment.
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, numerous restrictions are imposed to ensure that parties cannot go on fishing expeditions. It is essential to understand these restrictions, especially when seeking information involving personal data such as medical records. 
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. 
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 outlined in 
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 enters into a divorce. When parents get divorced, the court determines who assumes the tutorship of the child. The parent who is awarded this tutorship assumes all of the rights and responsibilities of raising the child, including the right to file a lawsuit in the child’s name. 
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. 
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 occurred. A recent case out of the Parish of East Baton Rouge has outlined when a plaintiff is considered to have some notice of legal malpractice. 
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 a situation similar to Marvin Beaulieu, whose appeal was dismissed.
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. 
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?