Many floors were damaged in Hurricane Katrina. A Louisiana, jury was asked the question: when a floor is rotten, who is at fault when a person visiting the home is harmed? Juries are often asked to determine liability for an accident. When a person is injured, a jury determines who…
Articles Posted in Business Dispute
Jurisdiction Crucial in Lawsuit Involving Boat Sale
The plaintiff in Susan Michelle Canon v. Harry B. Towns, et al. recently lost her appeal from a judgment from the Parish of Calcasieu, dismissing her claims against the defendant North Carolina boat sellers in the case for lack of personal jurisdiction. If a court does not have jurisdiction over…
Legal Concepts: Louisiana Code of Civil Procedure and Hearsay
The law has a wide variety of rules in place to force a clean route to evidence, especially from authorities on the topic, like people present or involved with the case’s topic. Hearsay is a statement, other than one made by the person themself while testifying at the present trial…
Physical Rehabilitation Damage Leads to Difficult Ruling, Appeal of Facts
Scott Ramocitti lost three fingers on his left hand in a work-related accident that occurred while he was using a saw blade in May of 2008. During his treatment Mr. Ramocitti was referred by his work insurance company to the defendant in this case, Helping Hand Physical, for physical therapy…
Workers’ Compensation Act Protects Louisiana Employees Injured on Job
If you ever become injured in a work-related accident in Louisiana, or if you become ill with an occupation-related condition, workers’ compensation can help cover your expenses while you seek the treatment and take the time off that you need. The Louisiana Workers’ Compensation Act is a piece of legislation…
5th Circuit Throws Out Whistleblower Case Against Premier Rehabilitation Center in Monroe
When a company defrauds the government, the taxpayers literally pay the costs for that crime. A whistleblower is someone who brings that fraud to the attention of the government or the public. At times, whistleblowers are fired from their jobs, and some seek to bring suit against the company. The…
Slip at Large Retail Store Leads to Summary Judgment and Subsequent Appeal
A summary judgment is strong medicine. When a trial court grants a motion for summary judgment, it precludes the non-moving party from having their case go to the jury and in some cases from presenting any evidence at all. Because this remedy is so potent, the granting of a motion…
Statute of Limitations Key to Alleged Insurance Fraud Case
Many laws or actions include a statute of limitation which provides for a certain length of time for claims to be brought. After that time runs out, the claim can no longer be brought in court. The case of Joseph v. Bach & Wasserman illustrates just how important the statute…
Prematurity Raised in Nursing Home Injury Case
The exception of prematurity determines whether a plaintiff has fulfilled a condition prior to filing suit. That is, in some occasions, Louisiana law requires a complaining party to bring the case somewhere else before they can actually file the case in court. Generally, that means that an administrative remedy exists…
Statements Made at End of Trial Reviewed for Propriety in Workplace Lawsuit
The case of Williams v. C&E Boat Rental shows how important it is to hire attorneys who navigate court proceedings in line with judicial expectations. This post’s case arose out of a maritime injury claim and centered around comments made by the defense attorney during closing arguments. In 2007, Williams…