What if you are injured, hire a lawyer, and that lawyer fails to sufficiently work on your case? Outrage ensues and you may choose to fire that lawyer and hire a second. But is that first lawyer entitled to payment if you happen to win and receive an award in…
Articles Posted in Civil Matter
Louisiana Tech Company Loses on Attorneys’ Fees after Remand Run-Around
It is not uncommon for a victorious party in a lawsuit to seek attorneys’ fees upon their win. There is no guarantee however the judge will agree an award of attorneys’’ fees are warranted. In some cases filed in state court, the defendant can remove the case be heard in…
Louisiana Court of Appeals Discusses Continuances and Dismissals in Louisiana
When a case goes to trial, there are many nuances that a lawyer might have to address, including a motion for a continuance or a dismissal. A continuance is the postponement of a hearing, trial or other scheduled court proceeding at the request of either party or by the judge.…
Mandeville, Louisiana Man Not Allowed to File Lawsuit Against Lowe’s.
Res Judicata, also known as claim preclusion, is a Latin term that literally means “for a matter judged.” In the legal system, res judicata is a doctrine that prohibits a second lawsuit from being filed for a matter that has already been judged or decided on the merits. Once parties…
Non-Party to a Lawsuit Forced to Pay In Garnishment Case Out of East Baton Rouge Parish
Most of us probably owe money to someone. Whether it be for our home, a vehicle, a credit card or even just to a friend. A common legal tool called a garnishment is one way of using the civil court system to help recover money owed to you when someone is…
Medical Malpractice Case Out of Ouachita Confirms Importance of Placing Evidence in the Court Record
In a medical malpractice case, often lawyers for either or both sides will hire what is called an expert witness. These cases are complex and frequently require such experts to explain to the judge and jury the medical procedure at issue and what went wrong. These necessary experts, however, are…
Noise-Induced Hearing Loss Subject to Workers’ Compensation Law
What are your legal options when you experience job-related hearing loss? Are you limited to benefits under workers’ compensation laws or can you file a lawsuit for possibly a considerable monetary amount? That was the essential question put forth to the Supreme Court of Louisiana in a recent case out…
Slip and Fall Case From Eastern District of Louisiana Focuses on Weight of Evidence and Flip Flops
Evidence in a trial can take almost any shape or form. For murder trials, people think of weapons. For fraud cases, perhaps incriminating documents comes to mind. For a personal injury case, the options are almost limitless yet likely “flip flop” is not the first image that pops up; especially…
Jefferson Parish, Louisiana- Why Did the Fifth Circuit Find This Plaintiff’s Claim Outside the Scope of the Consumer Leasing Act?
A person may seek help from the federal court system when that person feels that they have been cheated or wronged. However, one needs to make sure that the federal court can actually help the situation. Personal jurisdiction is the ability of a court to exercise power over a person…
Law Firm Does Not Receive Share of Settlement Per Court Ruling
When representing a client, an attorney and law firm must do their due diligence and advocate for their client in the best way possible. An excellent attorney will put in countless hours for their client and will not stop working until the job is completed. Not all attorneys do this…