Articles Posted in Litigation

prison_jail_cell_cell_0-scaledBringing 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 42 U.S.C. § 2000–3(a), we gain insight into the protective measures afforded to individuals in such circumstances. It is important to note, however, that having previously filed a lawsuit related to sexual harassment does not automatically shield an employee from potential adverse employment consequences. 

In the case of Jennifer Paul, a correctional officer at the Elayn Hunt Correctional Center, her experience sheds light on the intricate interplay between prior lawsuits, retaliation, and the burden of proof required to establish a causal link. As we examine the complexities of her situation, we delve into the multifaceted nature of employment law and the need for legal counsel to navigate potential claims against employers.

Jennifer Paul was a correctional officer at the Elayn Hunt Correctional Center (“Hunt”) in St. Gabriel, Louisiana. While working there, she filed a lawsuit against Hunt, claiming that other correctional officers had sexually harassed her. She received a confidential settlement and returned to her position. 

child_stones_bank_out-scaledDivorce, 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. 

A person entrusted with the tutorship of a child can bring lawsuits in that child’s name that best serve the child’s interests. For an example, look to the case of Felisha Myers, mother of Brittany, who brought a lawsuit in Brittany’s name against the father of Brittany, Ricky Klump. Myers and Brittany alleged that Klump had injured Brittany on a road trip by repeatedly punching Brittany. The Fifteenth Judicial District Court entered a default judgment against Klump, awarding Brittany financial compensation for her pain and suffering and past and future medical bills. 

Klump appealed the default judgment to the Third Circuit Court of Appeals, alleging that Myer did not have the right to file the suit in Brittany’s name. Klump argued the record of the trial court did not have the necessary documentation to prove that Myer has the tutorship of Brittany, therefore, Myer could not file the lawsuit in Brittany’s name.

courthouse_court_law_justice-scaledAll 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. 

Christina Dauzat (Dauzat) was involved in a car accident where she was rear-ended by Erin Wright (Wright). Dauzat filed a lawsuit, and a bench trial was held, which favored Dauzat and awarded damages of $17,741.51, with interest. Wright, State Farm, and Dauzat appealed the ruling.

At the beginning of the bench trial, Dauzat’s counsel introduced authorized exhibits: Exhibit D-1-6, which consisted of medical records from various hospitals. At trial, Dauzat introduced medical records and bills she believed were essential to the case, which was agreed upon at the pretrial conference. These records were classified as Exhibit P-4. State Farm had agreed to the authenticity of the bills. Therefore, the records, Exhibit P-4, were admitted into evidence. State Farm complained that Dauzat’s medical records did not contain the entire certified copies; consequently, they wanted to introduce full copies of Dauzat’s medical records. State Farm claimed Dauzat had personal bias as to which records she included.

bookcase_law_firm_attorney_1-scaledIn 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. 

Satterfield & Pontikes (S&P) was a general contractor for the construction of the Lawrence D. Crocker Elementary School in New Orleans, known as the Croker project. The Recovery School District (RSD) owned the property, and Jacobs Project Management Company/CSRS Consortium (Jacobs) acted as the project manager. Norman Chenevert and Chenevert Architects, LLC (Chenevert) and Julien Engineering & Consulting, Inc. (Julien), the sub-consultant structural engineers, created the plans and specifications for the project. In addition, S&P met with Murphy J. Foster, III, a partner at the Breazeale Sachse & Wilson (BSW) law firm, to represent them regarding a previous project S&P worked as a general contractor for. One of the other BSW partners, Steven Loeb, has represented Chenevert previously and had been representing them in connection with the Crocker Project. 

Professional ethics rules required BSW to advise S&P and Chenevert on the potential for conflict and to receive a written waiver from both clients. The Chief Financial Officer of S&P, Laura Pontikes, signed the waiver. In contrast, Chenevert terminated its client-lawyer relationship with Leob, and its file regarding the Crocker Project was returned to the company. 

project_366_138_170512-scaledAlthough you may be excited if you are awarded damages at trial, your award might still face a challenge on appeal. Therefore, when you are involved in a trial for an accident in which you were harmed, it is important to understand what evidence you need to present so that any money you are awarded can survive a challenge on appeal. 

While driving a Honda Accord in Ascension Parish, Louisiana, Juliet All was hit by a Chevrolet Silverado Austin Tynes was driving after he did not stop at a stop sign. As a result, All’s vehicle was knocked into a ditch. All received medical treatment at St. Elizabeth Hospital and was diagnosed with chest pain and neck strain. When her pain did not go away, she went to an orthopedic surgeon for treatment, who diagnosed her with whiplash and cervical spine injury, including injury to her soft tissue. 

All filed a lawsuit against Tynes and Safeco Insurance Company, who insured him. The parties agreed that Tynes was solely responsible for the accident and had insurance coverage from Safeco when the accident occurred. They also stipulated that All’s damages would not exceed $50,000. At trial, All was awarded $66,000 in damages. This was reduced to $50,000 because of the parties’ stipulation. Safeco and Tynes appealed, arguing that the trial court abused its discretion in awarding All $50,000 in general damages because her injuries were minimal and of short duration. 

hammer_court_justice_book-scaledWhen 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.

Beaulieu had a membership at the Autocrat Social and Pleasure Club. His membership was terminated. After his membership was terminated, Beaulieu filed a lawsuit arguing that he suffered from a loss of reputation, fellowship, opportunity, business opportunities, emotional distress, and embarrassment as a result of his membership termination. The trial court issued a temporary restraining order valid for six days. In response, Autocrat Social and Pleasure Club filed papers arguing that there had been insufficient service and there was no cause or right of action in the lawsuit and moved to dissolve the lawsuit. 

The trial court held a hearing, where it determined that Beaulieu was not entitled to damages and denied his request for an injunction. Beauliue appealed the denial of his request for an injunction under La. C.C.P. art. 3601

news_stock_newspaper_glasses-scaledInsurance 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. 

 An explosion at the Transco facility in Gibson, Louisiana, resulted in the death of four individuals, including two employees of Danos and Curole Marine Contractors, LLC (hereinafter referred to as  “Danos”) and two employees of Furmanite America, Inc. (hereinafter referred to as “Furmanite”). The Danos employees were working under a request-for-service order issued by Transco under a General Service Agreement, and the Furmanite employees were working as a subcontractor to Danos under a request-for-service order under a Master Service Contract. Following the explosion, many lawsuits, including this one, were filed against Transco, Danos, and Furmanite.

Transco then filed a third-party demand against The Gray Insurance Company (hereinafter referred to as “Gray”), maintaining that Gray must defend and indemnify Transco under a provision in an insurance contract issued to Danos for which Transco was named additionally insured under the General Service Agreement. Gray then filed multiple objections to Transco’s claim based on prematurity. The 32nd Judicial District Court for the Parish of Terrebonne then dismissed Transco’s claims. An appeal to the Louisiana First Circuit Court of Appeal by Transco followed.

2015_ford_police_utility_0-scaledRandom 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?

Officer Mario Cole was randomly chosen to undergo a standard drug screening for his job at the New Orleans Police Department (NOPD). When he took the test, he tested positive for morphine. As a result, Cole was suspended pending investigation by the NOPD. Sergeant Lesia Latham Mims interviewed Cole and his fiancée as part of her investigation. Cole claimed he injured himself while lifting weights the day before. His fiancée gave him one of her prescription pills for his pain. Cole alleged he believed it was a regular pain reliever. The department next conducted a pre-disciplinary hearing. At the hearing, it was decided Cole’s employment would be terminated for violating NOPD rules against drug use. Cole appealed. 

On his appeal, Cole argued the decision to terminate his employment was an abuse of discretion because: 1) the board found him to be under the influence of morphine when he came to work, 2) the board found there was a relationship between the violation and his ability to operate as a public servant, and 3) his termination was found to be the proper course of action for his offense.

accident_mini_morris_red-scaledSimple driving accidents happen every day due to lapses in inattention. The results of these lapses can have devastating consequences. Whose is at fault in an accident when both parties were less than perfect in assessments of dangers on the road? The subsequent lawsuit from Louisiana shows how a court will determine how much fault each party bears for an accident and adjust damages based on that outcome.

In 2014, Stephan August was out making a delivery for Domino’s Pizza in his own 2010 Toyota Corolla. He was heading West on Louisiana Highway 1040 in Tangipahoa Parish when Lee Kebreanne drove behind him in her 2001 Toyota Camry. According to  Lee, August was varying his speed, giving her the impression that he did not know where he was going. As a result, Lee decided to pass him in the eastbound lane. Unfortunately, as she was in the eastbound lane, August also pulled into the eastbound, and the two drivers collided.  Lee’s car flipped three times and ultimately landed upside down, and August hit his head on the driver’s side door. 

August filed a lawsuit against Lee and her insurance companies, GoAuto and Progressive. A trial occurred where the District Court determined that Lee was 100% at fault and awarded August a total of $14,389.05 in damages. Lee appealed the decision citing that the court was wrong about her fault being 100% and that $12,500 in general damages were excessive.  

car_racing_crash_accident-scaledIf you have ever been involved in an accident, you know it can be challenging to deal with multiple parties. From the other vehicle’s driver to numerous insurance companies, knowing who to contact can often seem impossible. This becomes even more difficult when navigating the workers’ compensation system. 

Marcus Slaughter, who worked for Garda, and Ernest Howard, who worked for DABM, collided on a road in Lafayette Parish, Louisiana. Slaughter collided with Howard, suffered injuries, and received medical treatment. DABM’s workers’ compensation insurer paid for Howard’s medical expenses and workers’ compensation benefits while he could not work.

 Howard then filed a lawsuit against Slaughter, Garda, and Garda’s auto insurer.  Although the trial court awarded Howard lost wages and general damages, the judgment stated that it did not include the medical expenses of over $33,000. The trial court reasoned that DABM’s insurer had already paid these medical expenses, so Howard was not entitled to additional recovery. Howard appealed, arguing the court should have awarded him the medical costs. 

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