Lawyers owe a fiduciary duty to their clients, corporate directors owe a fiduciary duty to the corporation’s shareholders, and trustees owe a fiduciary duty to the beneficiaries of a trust. So, what is a fiduciary duty? Simply put, it’s a duty of the “fiduciary” (i.e., lawyers, corporate directors, trustees, etc.)…
Articles Posted in Civil Matter
Louisiana Legal Malpractice Case Examines Res Judicata and Peremption Exceptions
If you believe you have been misrepresented by an attorney, or that your legal counsel in any way acted wrongfully or neglected your legal needs, you may have a cause of action for legal malpractice. However, the time limit for when you may bring such an action to court is…
High Pressure New Orleans Time Share Sales Lead Buyers to Attempt Joinder Action
Be careful what your getting into when you attend a timeshare presentation. While you may get a “free” vacation for sitting through the sales pitch, you could be getting into more trouble then it is worth. This was the case for over one hundred purchasers of timeshares who bought from…
Louisiana Man’s Injury Claims Fail to Pay Because of Failure to Act in Time
Failing to seek timely legal advice could not only keep you out of the back of a police car, but could also help ensure you are able to get the compensation you deserve for your injuries. When one man from Lake Charles, Louisiana was injured during an arrest he made…
Louisiana Court of Appeal Finds Plaintiffs’ Case Abandoned for Failure to Prosecute
It is, mildly stated, disappointing for a plaintiff when a court dismisses his or her case based on a technicality, particularly when the lawsuit is about medical malpractice. Unfortunately, even when a plaintiff has a good case, with all the necessary evidence to show that the defendant was wrong, the…
The Perils of Signing a Non-Compete Agreement in Louisiana
Non-Compete agreements can restrict a person’s ability to start and maintain a business. Anyone who plans to work in Louisiana should be very clear what they can and cannot do as a part of a non-compete agreement. For example, a trial court in Louisiana held that a cardiologist’s business, which…
Baton Rouge Based Furniture Rental Company Let the Bed Bugs Bite
There are rules involved in the evidence that a court can allow into a case, even when the case revolves around something as small as a bed bug. If a party believes that the rules have been violated, they can appeal the case and have a higher court review the…
East Baton Rouge Court Emphasizes Importance of Timely Service
Being on time is important. In legal matters, being on time is absolutely crucial to the workings of the court and the survival of the case. There are rules that determine the timeframes and time limits involved in a legal battle and it is always best to follow them to…
Bogalusa Fire Department Made to Pay Workers Compensation for Fireman’s Heart Condition
Don’t get burned by worker’s compensation failing to pay for your injury. Make sure that you understand what your rights are whenever you file a worker’s compensation claim. Clinton Miley, a firefighter with the Bogalusa Fire Department, suffered from paroxysmal supraventricular tachycardia (PSVT) after 19 years on the job. He…
Fax Filing of Lawsuits in Louisiana- A Precautionary Tale
Following proper procedure is critical when it comes to preserving your legal rights. While some rules might seem a bit harsh the best lawyers know the rules and will make sure you do not lose your case simply because you did not dot your I’s and cross your T’s. The…