Articles Posted in Litigation

church_interior_0-scaledWe have all heard that “good fences make good neighbors.”  But what happens when there is a dispute about the boundary of two pieces of property? The following conflict between New Fellowship Baptist Church and the Beals, who found themselves at odds over the boundary of their adjoining properties, helps answer this question. The dispute raises questions about the concept of acquisitive prescription, the importance of possession, and the determination of boundaries. By carefully examining the trial and appellate court’s rulings, we gain insights into the legal principles and the significance of seeking professional advice in property-related conflicts.

New Fellowship Baptist Church, located in Delhi, Louisiana, was established in 1919. Florenda and Kathy Beals purchased property located adjacent to the church. The Beals sent the church a notice of trespass warning and told the church it needed to remove its structures and other movable items on its property. 

Under La. C.C. art. 3486, a person can acquire property, even without title or possession in good faith, by prescription of 30 years.  At trial, multiple witnesses had testified that New Fellowship had had a choir stand in the location for at least 30 years. Other witnesses testified about maintenance services the church had provided and New Fellowship’s indoor plumbing. The trial court ruled in favor of New Fellowship and dismissed the Beals’ trespass claims. 

insurance_damage_repair_checklist-scaledThe process of filing insurance claims can be time-consuming, demanding careful attention from all parties involved. In a recent ruling by the First Circuit Court of Appeal in Louisiana, the importance of timely and exhaustive pursuit of administrative remedies before seeking judicial review in insurance payment disputes was underscored. The case of Southern Framers of Louisiana, LLC (Southern Framers) sheds light on the consequences of premature legal action, emphasizing the need to explore alternative avenues, such as administrative proceedings, before resorting to the courts. Through an examination of Southern Framers’ dispute with a healthcare provider, this ruling serves as a valuable reminder for future litigants to exhaust administrative remedies diligently and consider the proper timing and procedures in pursuing legal recourse.

After Rafael Diaz (Mr. Diaz) injured his shoulder during the scope of his employment with Southern Framers, he underwent rotator cuff surgery which Dr. Richard Texada performed at Doctor’s Hospital of Slidell d/b/a Sterling Surgical Hospital (Hospital). Following Mr. Diaz’s surgery, the Hospital sent a bill for $33,133.41 to Southern Framers’ insurance carrier Louisiana Homebuilders Association-Self Insured Fund (Carrier). On behalf of Southern Framers, the Carrier paid $8,887.80 to the Hospital, indicating what they believed was a “reasonable reimbursement for services” in Mr. Diaz’s surgery. As a result, the Hospital filed an administrative review according to their rights within Louisiana Administrative Code Title 40, pt. I, § 5149 (Title 40), for this underpayment of the Hospital’s services.

Neither Southern Framers nor the Carrier responded to the administrative review. Instead, they filed a “Disputed Claim for Compensation” with the Office of Workers’ Compensation (OWC), stating that the unpaid portion of the original $33,133.41 bill was unreasonable. Southern Framers took this claim further, alleging that even the $8,887.80 previously paid to the Hospital by the Carrier was an overpayment and demanded reimbursement. The Hospital responded to the OWC complaint, raising multiple objections, including prematurity, and disputing the claims for reimbursement. At the hearing, the OWC judge sustained the Hospital’s prematurity objection, finding that Southern Framers and the Carrier failed to follow the administrative remedies of Title 40. The OWC judge called this claim “an attempt to circumvent the procedure that’s supposed to streamline and make the payments go quicker and faster without going through the hearing process.”

prison_cell_slammer_prison-scaledIn a society built upon the principles of justice and fairness, few experiences can be as devastating as being wrongfully accused of a crime, subsequently arrested, and imprisoned for a wrongdoing one did not commit. The ramifications of such a traumatic ordeal can be profound, leaving individuals grappling with profound emotional, psychological, and even physical consequences. In the face of such injustice, victims must be allowed to seek justice and hold accountable those responsible for their unwarranted suffering. 

This article delves into the harrowing reality of false arrest and wrongful imprisonment, highlighting the importance of legal recourse and the pivotal role of experienced attorneys in navigating the complex legal landscape to secure redress and restore the shattered lives of the innocent.

On May 4, 2015, Marlon Eaglin and Paul Powell were falsely accused of participating in an alleged shooting by two other suspects and were then arrested on attempted murder charges. The two were held in prison until August 21, 2015. On April 29, 2016, Eaglin filed a lawsuit seeking damages against the Eunice Police Department, the Chief of Police, Chief Randy Fontenot, and the City of Eunice, claiming he was falsely arrested and imprisoned by Eunice Police.

oil_oil_production_oil-scaledSafeguarding your property rights is of utmost importance, as the consequences of inadequate protection can be far-reaching. While oil and gas rights disputes may not directly affect the average citizen, other property-related conflicts can significantly impact individuals and their assets. In such complex situations, navigating the intricacies of property laws requires the expertise of an experienced attorney who can empower you with a clear understanding of your rights, ensure the legal protections you are entitled to, and advocate on your behalf. The following lawsuit shows the importance of expert counsel in understanding your property rights. 

In 2011, a dispute arose over a large drilling unit’s oil and gas rights. Chesapeake Operating (“Chesapeake”) was the unit’s appointed operator and a lessee of mineral interests for a portion of the unit. TDX Energy (“TDX”) was also a lessee for a part of the unit. The unit’s drilling began in February 2011 and ended in July 2011. TDX’s leases to its oil and gas interests had not been recorded until after the drilling had been completed in September 2011. 

Later in 2011, TDX made Chesapeake aware of its leases and requested accounting reports, as required under Louisiana’s Title 30, section 103.1. After six weeks, having yet to receive a response, TDX again notified Chesapeake of how it had failed to comply with the law. Chesapeake eventually responded with a letter to TDX, requesting TDX decide whether it would participate in the unit well’s risk under section 10(A) of the statute. TDX responded by disagreeing, stating it was not required by law to opt-in or out and that Chesapeake did not provide the accounting reports; it forfeited its rights to contribution to drilling costs.

tractor_red_tractor_red-scaledWhen an item is repaired, it is reasonable to expect it to be safe and free of defects upon its return. However, when an injury occurs after a product’s repair, the injured party is entitled to seek damages. For example, Joe McPherson suffered a knee injury after the battery compartment of a tractor, which Ronald Dauzat repaired, fell apart. The question of negligence and responsibility arose, leading to a legal dispute and subsequent appeal.

Dauzat sold his old tractor to McPherson. However, it did not function properly, so Dauzat took it in for repairs. Dauzat notified McPherson the tractor was ready to be picked up. When McPherson arrived at the shop, Dauzat was not there. But two men he assumed were employees permitted him to mount and inspect the tractor. When McPherson tried to demount, the battery compartment fell apart, and he fell and wounded his knee

McPherson filed a lawsuit against Dauzat for his injury. His complaint alleged the defective tractor caused his injuries. He stated that his injury would have been prevented if the battery box had been firmly latched. Dauzat filed an involuntary dismissal and claimed McPherson failed to present evidence that the unlatched box was the cause of his fall. 

truth_newspaper_news_printed-scaledHonesty is always the best policy. This proverb rings especially true in the legal system, where truthfulness and transparency are vital to maintaining the legal process. Failure to tell the truth or even a mistake in remembering the facts can bring severe consequences, as Mark and Paulette Moore discovered after a car accident on Interstate 10 in Iberville Parish.

Russell Charles was driving his vehicle and pulling a flatbed trailer when a pick-up driven by Mark Moore suddenly rear-ended him. The pick-up was the property of Moore Leasing LLC, a company Mark and Paulette Moore, Mark’s wife, owned together and insured by State Farm.

About six months after the accident, Moore signed an affidavit stating he was not in the course of employment when the car accident occurred and that the State Farm policy was the only liability insurance available that would give Charles coverage for the injuries from the accident.

fully_integrated_whole_bodyNavigating bureaucracy and red tape is a common experience when dealing with government agencies and trying to obtain workers’ compensation benefits. However, if you find yourself frustrated by what seems like an improper requirement, you might be able to challenge an administrative agency’s actions as exceeding its authority, as Calvin Arrant did here. 

While working at Wayne Acree PLS, Arrant was involved in an accident where a truck that ran a red light hit his vehicle. Arrant consulted an attorney and then met with an orthopedic surgeon because he started having back pain that went down his legs. The doctor recommended an MRI. 

His attorney contacted Acree’s workers’ compensation carrier to determine if it would agree to cover the MRI. Twice, Arrant requested approval for the MRI from the medical director under La. R.S. 23:1203.1. Both times, the medical director denied Arrant’s request via fax. 

child_children_doctor_bags-scaledIn the event that you find yourself in the challenging position of pursuing a medical malpractice lawsuit against your doctor, the presence of an expert witness becomes paramount. Such a witness is instrumental in establishing the negligence of your treating physician. A recent case originating from the Parish of East Baton Rouge sheds light on the specific qualifications required for expert witnesses in medical malpractice cases and the circumstances in which their testimony may be deemed unnecessary. Join us as we delve into this notable court ruling, which clarifies the vital role of experts and the instances where their expertise may be exempted.

Landon Lee, a 13-month-old, was taken to Our Lady of the Lake Regional Medical Center (OLOL) for respiratory distress and vomiting. He was evaluated in the emergency room and admitted into Pediatric Intensive Care Unit. Unfortunately, his condition worsened even with incubation and life-saving interventions. He was transferred to Ochsner Medical Center via helicopter to be admitted to the Extracorporeal Membrane Oxygenation unit. He was given CPR during transfer but pronounced dead 44 minutes after arriving at Ochsner. 

Landon’s mother, Anjel Lee, then filed suit on her and Landon’s behalf against OLOL and Dr. Shannon Boudreaux, the pediatrician and emergency room physician at OLOL, who treated Landon. Lee argued that OLOL and Boudreaux failed to properly care for and treat Landon. OLOL denied the allegations, arguing it was a qualified healthcare provider under the Louisiana Medical Malpractice Act, La. R.S. 40:123.1 provides that qualified healthcare providers have limited liability for malpractice claims. The hospital also denied that any action or inaction on their part was the cause of Landon’s death. Boudreaux also argued that he was a qualified healthcare provider under Louisiana law and was entitled to limited liability.

slip_heads_up_warningPersonal injury cases are notorious for their intricate nature, often posing challenges in determining fault and establishing liability. Complications escalate further when discrepancies arise regarding the facts surrounding the incident. When blame is uncertain, and parties refuse to accept responsibility, the legal landscape becomes increasingly convoluted. 

A recent Louisiana Court of Appeals case offered a detailed examination of an issue of material fact in determining fault in a personal injury lawsuit. By exploring the court’s decision and the supporting evidence, we gain insight into the complexities inherent in such cases and their implications on a motion for summary judgment.

James Palmisano fell at work due to the water in the hallway. Palmisano alleged that the water leaked from the men’s and women’s toilets. He filed a lawsuit for his injuries, claiming two plumbing companies, Prejean and Colville Plumbing & Irrigation, Inc., were called to fix the problem but didn’t. 

justice_scales_balance_lawyer-scaledLosing a lawsuit can lead to frustration with your attorney, and you might contemplate pursuing a legal malpractice claim against them. However, it is crucial to comprehend the essential elements required to succeed in such a claim; otherwise, your case may face dismissal. The Klein v. Wynne lawsuit examines the importance of meeting all the requirements to prevail in a legal malpractice lawsuit and highlights the potential consequences of failing to do so.

Leverette Klein hired lawyer Vincent Wynne Jr., who worked for Wynne, Goux & Lobello, to provide legal advice and services related to a foreclosure in St. Tammany Parish. Klein claimed he had an assignment of a mortgage note and money judgment recognized a mortgage for a property in Lacombe, Louisiana. Klein said he wanted Sandra Parnell, his ex-girlfriend, removed from the house. Klein told Wynne that Parnell had some of his movable property that she would not return. Wynne resolved the issue and tried to contact Klein to see if he wanted to pursue the foreclosure. Klein claimed that Wynne did not contact him, whereas Wynne claimed Klein was unresponsive. 

Klein fired Wynne as his attorney and hired another attorney. He then learned he would be unable to recover for the mortgage on the property because it was not timely revived under the ten-year period under La. C.C. art. 3501. Leverette Klein brought a legal malpractice against Vincent Wynne Jr., the law firm Wynne, Goux & Lobello, and their insurer, Greenwich Insurance Company. Klein claimed that because of Wynne or his law firm’s failure, he could not foreclose his property and sustained damages. The trial court found that the assignment of the mortgage note was unenforceable when Klein had hired Wynne, so Klein had not proved he had suffered any damages. The trial court dismissed Klein’s legal malpractice claims. Klein appealed the trial court’s judgment.

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