Insurance Dispute Lawyer Blog
In a bizarre turn of events, an attempt to get unpaid wages from a Terrebonne Parish video store owner turned violent and led to the appeal discussed below. The appeal delved into the standards that Louisiana courts consider when it comes to repeated violations of their pretrial orders. The case below answers the question; Can a Louisiana court impose a default judgment for failure to obey pretrial orders?
Ronald Guste, the grandfather of a Tiger Audio employee, confronted Earl Lirette, the owner of Tiger Audio, about wages owed to Mr. Guste’s grandson. Mr. Lirette lept around the counter and knocked Mr. Guste to the ground, causing injuries to his back and hip that would require treatment and surgery.
Mr. and Mrs. Guste brought a lawsuit against both Tiger Audio and Mr. Lirette for damages from the injury, including loss of consortium for Mrs. Guste. At trial, the Gustes moved for penalties against the defendants, noting that neither Tiger Audio nor Mr. Lirette had complied with mandatory pretrial deadlines. The trial court denied the defendants’ counterargument of lack of notice and found in favor of penalizing the defendants. These penalties included the refusal to allow them to call any witnesses or present any defenses, thereby executing a default trial in which the defendants were to lose automatically. The court found in favor of the plaintiffs and awarded them upwards of $350,000. The defendants’ motion for a new trial was denied, and this appeal followed.
Recovering from an automobile collision is already a difficult journey. Sometimes physical recovery does not occur in a straight line, and intermediate accidents can complicate the process. This was especially true for Alexandria resident Mr. Maricle. 
Courts often rely on motions for summary judgments to avoid the costly and time-consuming reality of going to trial and presenting a case in front of a jury. Motions for summary judgment are when one party asks the court to decide the case based on the current facts alleged in their favor. Courts should grant these motions when there are no facts in dispute for the jury to resolve. But how much evidence does a party have to present to survive one of these motions? A case out of New Orleans shows that, in some cases, just having medical records could be enough to deny a motion for summary judgment. 
Nothing is more tragic than the loss of life. However, that loss can be tempered somewhat if insurance is in place that provides some financial compensation. While money cannot substitute for the loss of love and companionship that a spouse gives, it can at least provide some help with the bills and, therefore, one less thing to worry about when grieving. But what happens when the insurance company refuses to pay your claim? The following lawsuit in Tangipahoa, Louisiana, discusses these issues in the context of a car accident, uninsured motorist coverage, and the refusal of State Farm to pay the claim. 
The lawsuit process can be expensive between investigation, preparation for trial, and the trial itself. This is on top of the emotional rollercoaster of events that have given rise to a lawsuit in the first place. Unfortunately, sometimes a plaintiff may lose at trial and be hit with all the litigation costs for both parties. The following case shows how those costs are within the court’s discretion.
Everyone wants to emerge victorious after their day in court, but occasionally the jury will refuse to award the judgment you deserve. When a person loses their case at trial, they can appeal it to a higher court. The appeal process allows for a narrow reconsideration of a case to assure that the lower court got to the correct answer; if the appeals court finds that the lower court did not get the correct answer, they can amend the lower court’s judgment, including the calculation of damages. 
Court cases are contentious, polarizing atmospheres between the parties. Stubbornness is ripe, and the opposing parties are staunchly in, unsurprisingly, opposition. However, sometimes even opposing parties can agree. Any party can take issue with a court’s judgment, and sometimes ALL parties can take issue with a court’s decision–even if these issues are different. But when multiple parties raise various errors in a trial court judgment, how can the higher courts resolve such allegations of error?
Hospital admission can often be a terrifying experience, but even more so is an ICU admission. Your life is literally in the hands of hospital doctors and nurses. But what happens if you sustain injuries unrelated to your original illness or injury while in the ICU? A recent patient at Mercy Regional Medical Center in Ville Platte, Louisiana, was left with no legal recourse after sustaining multiple ant bites during her ICU stay. 
Before taking on one of the nation’s largest, leading automotive manufacturing companies, it is essential to consult an excellent attorney with knowledge of the Federal Court system. The importance of following the deadlines set by the Court in that system cannot be understated. Unfortunately, the lesson of how critical it is to follow court deadlines came to bear a harsh reality for the children of two deceased car accident victims in the following case.