The equivalence of “dotting the i’s and crossing the t’s” in the law is making sure to comply with court procedural rules. One such basic civil court procedure rule is proper service. Proper service is critical in establishing that a court has legal jurisdiction over a defendant. The defendant has…
Summary judgments are a common tool in litigation to not only expedite the drawn out trial process, but they can also be used to cut down on the cost of a lawsuit. Yet, there are different standards about what kinds of documents can and cannot be considered when a party…
On TV, lawyers are often shown dramatically acting out speeches in courtrooms and confronting witnesses. Those litigators do often have to speak and cross examine individuals, but in reality, much of an attorney’s role is to make sure the procedural and pleading aspects of a lawsuit are done correctly. Some…
Perhaps one of the biggest myths about the law is that you can bring a lawsuit anywhere about anything. In reality, a court must have jurisdiction in order to hear a case. Jurisdiction is the power of a legal body to make binding decisions over the people involved. In addition…
Sometimes, the most complicated cases can have the most simple resolution. For West Baton Rouge plaintiffs who sued mining companies for extracting resources underneath their property without their knowledge, the ultimate outcome of the lawsuit rested on the plain meaning of statutory language. TMR Exploration, Inc. was a mining company…
Sometimes, there are situations that appear to have an obvious result. Person A causes injury to Person B and B sues A. All the evidence points to A being at fault and B being hurt and in need of recovery. However, what if in the middle of the case, the…
Freedom of speech is one of America’s most celebrated rights. However, it does not mean that courts tolerate all types of speech. After all, we have all heard that the freedom of speech does not allow an individual to falsely yell fire in a crowded theater. Despite there being restrictions,…
You lose your case. However, your lawyer tells you not to despair. She tells you that you can appeal the trial court’s judgment at the appellate court. However, it is not always that simple. Appellate courts, like trial courts, do not just accept every single case that comes their way.…
Trials can be extremely expensive. One of the most expensive parts of a trial can be the costs associated with taking depositions. Therefore, it is in a party’s best interest to recuperate those costs in the aftermath of a successful outcome. In fact, it is the general rule that included…
When a lawsuit is filed for an injury, most people assume that the claim will be sorted out in court in a timely manner. Sometimes, however, a case can get significantly delayed by years, even before a trial has occurred. In these instances, it is also possible that the case…